PCN from UKCPM Gladstone - URGENT help with witness statment

KeithP

Brightlinks said:

Need your help for the new claim from Gladstone but with a different situation.

I predict confusion.
Until your post today, this thread was about another court case.
You have now introduced 'a different situation'.

Anyway, to respond to your latest post...

With a Claim Issue Date of 3rd August, you have until Tuesday 22nd August to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 5th September 2023 to file your Defence.

That's just over two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Brightlinks

Hi KeithP , Thanks for your reply, see below timeline

A claim was issued against you on 03/08/2023

Your acknowledgment of service was submitted on 12/08/2023 at 13:37:40

Your acknowledgment of service was received on 14/08/2023 at 01:06:07

Coupon-mad

I reckon you have grounds to have a punt at a counterclaim.

Le_Kirk

Not sure it is a good thing to state who the driver was as the PPC may then go after them!  If you do decide to keep it, you need to change it to the third person, "the defendant's husband".  Are the last 4 sentences part of your defence or comments for the forum?

Brightlinks

Le_Kirk said:

Not sure it is a good thing to state who the driver was as the PPC may then go after them!  If you do decide to keep it, you need to change it to the third person, "the defendant's husband".  Are the last 4 sentences part of your defence or comments for the forum?

Thanks I am updating to 3rd person instead of husband.

Can I keep the last 4 sentences in defence ? I believe they may discontinue after hearing that appealed in time but they have not responded and issued a another letter of increased amount. 

I have another 6 more appeal proofs where they have approved the appeal with the same grounds.

Brightlinks

Coupon-mad said:

I reckon you have grounds to have a punt at a counterclaim.

thanks Coupon-mad

Let see how they react with defence 

Coupon-mad

No you can't do that. Counterclaim goes with the defence. 

Brightlinks

Coupon-mad said:

No you can't do that. Counterclaim goes with the defence. 

Can you please guide me on counter claim, how to add it to Defence ?

Coupon-mad

Not easily.  

A counterclaim must be pleaded properly; written in as much detail as the defence and it tags on the BOTTOM of the same document (both are signed and dated).  Both submitted as one PDF attachment headed 

DEFENCE AND PART 20 COUNTERCLAIM

For examples of the level of detail to argue counterclaims (albeit these will be very different from your facts) see the completed threads by

@ellaro9  

@Nosy

and read HenryHippo's successful pepipoo thread.  I helped him as did other posters there (I am SchoolRunMum on pepipoo) and he succeeded with his residential counterclaim:

http://forums.pepipoo.com/index.php?showtopic=114450

It was years ago but gives you a steer!

Brightlinks

Hi All

I am due to send my Defence, Look forward to your suggestions -

below will be my defence -

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

 

The facts known to the Defendant:

 2. It is admitted that the Defendant was the registered keeper of the vehicle, and the 3rd person was the driver at the time PCN issued.

 3. Car registration number was registered at Atlip centre permit portal since 03/11/2020. The driver made an appeal on 03/12/2021 and state that car was registered all the time on their permit portal but never heard back after that.

Another letter received from UKCPM stating now the demand will be £100 so contact them send a copy of Initial appeal. Email received from UKCPM and apologised for an error and asked for below –

We write to acknowledge receipt of your recent correspondence.

We must advise that we are unable to process your appeal as you haven’t provided all the relevant information.  

To enable us to process an appeal we require your full, serviceable home address. 

Remaining as per second post defence.