Preparing Defence for UKPC Court Claim

KeithP

TheCornishGuy said:

@Umkomaas this is the one I got from DCB Legal?

But as already said, you are defending yourself against the claim. If the Particulars of Claim do not mention the vehicle being parked outside a bay, why do you think you need to defend yourself against that imaginary allegation?
It is the Particulars of Claim that specify the transgression - nothing else matters.
Even that Letter of Claim you have shown us doesn't mention parking outside a bay.

KeithP

TheCornishGuy said:

I came across this paragraph below under 'POFA and CRA breaches' on the template. I'm not sure whether to keep it in or not, can anyone please advise?

Pursuant to Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 ('the POFA') the sum claimed exceeds the maximum potentially recoverable from a registered keeper, even in cases where a firm may have complied with other POFA requirements (adequate signage, Notice to Keeper wording/dates, and a properly communicated 'relevant contract/relevant obligation'). If seeking keeper/hirer liability - unclear from the POC - the Claimant is put to strict proof of full compliance and liability transferred.

Why are you even considering removing that paragraph?
Please explain your thought process that leads you towards thinking that that paragraph is not applicable to your situation.

1505grandad

Just in case there is any confusion the PoC are on the claim form which includes the MCOL password which should be redacted along with other personal info when you show us the actual redacted claim form.

Coupon-mad

But (to be clear) we don't need to see the POC.

Boat_to_Bolivia

TheCornishGuy said:

  


@Boat_to_Bolivia

You are looking in the wrong place. The Particulars of Claim are on the claim form from the CCBC, nothing else matters. 

As CM said we do not need to see the PoC, we know they don't mention you parked outside a bay!

After all the earlier posts, I hope you have got the gist now.

TheCornishGuy

Thank you for your help so far everyone!

I have now received acknowledgement of receipt for my defence from the court. I may expect a call from DCB Legal directly to try and resolve the matter - would you advise to answer or just ignore the call?

B789

Ignore    

TheCornishGuy

Hi Everyone,

I have had 6 phone calls from DCB Legal now, also received an email asking that their client would like to settle the case. Not sure if this is normal behaviour from them as I was only expecting 1 phone call so it feels like they don't want to give in just yet? 

Coupon-mad

 Normal DCB Legal crap.

Please come back in late July/August to do the vital Public Consultation even if your case is quiet.

TheCornishGuy

Ok so it looks like DCB legal are hanging on in there.

I have received an email from DCB Legal today informing me that their client intends to proceed with the claim, in the email they have attached a completed copy of the Claimant's N180 directions questionnaire and they also confirm that this has been filed to the court.

I am yet to receive a copy from the court so instead of waiting for mine, shall I just complete it and send it off to the court ASAP?