UKPC, Crown Point - Driver left site - County Court stage

Coupon-mad

Ninjabyte said:

Awesome! Thanks for all your input. Is there any merit in holding off filing the defence or am I better filing it now?

Because your deadline for defence is  19th July I'm going to tell you to wait a bit ...diarise an alert for, say, 18th July though - DO NOT MISS YOUR DEADLINE!

This slight delay advice is important because there is now good reason to wait for defence submission till close to/at your deadline.

Sorry if it might look conflicting with the usual advice "not to leave it till the last minute"!

It's because we are now in July.

Your timing is perfect if the DLUHC in their Draft Impact Assessment (due in a couple of weeks...hopefully just before your deadline?!) give us all some damning words to add!  Things are changing quickly this Summer and as it's so close to the DLUHC's Announcement I would PREPARE the defence but hold off emailing it...

I will be changing the Template Defence to suit, this month.  You MIGHT just get some fresh damning words from the Government to update the second half of your defence.

ALSO we need you to stick around to personally do your own 'PPC victim viewpoint' response to the Public Consultation attached to the DLUHC's announcement anyway!

Umkomaas

UKPC/DCB Legal discontinuations:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

The_Slithy_Tove

Should the Defence say anything about the "leaving site" bit? Point #5 says that the POC don't specify what the actual alleged infringement is, yet the original PCN talks about leaving the site. It's important that the leaving site bit is included in the defence, as there are so many avenues to defend such a point.

KeithP

The_Slithy_Tove said:

Should the Defence say anything about the "leaving site" bit? Point #5 says that the POC don't specify what the actual alleged infringement is, yet the original PCN talks about leaving the site. It's important that the leaving site bit is included in the defence, as there are so many avenues to defend such a point.

But the current thinking seems to be along the lines of "if the POC don't mention it, then don't fill in the gaps in the Claimant's poorly pleaded case".  

Coupon-mad

Yes, a Defendant is only required to defend v allegations 'specified' in the POC and it's enough that the C has said:

POC: 'you breached an unspecified term'

and the D says, for now:

'I deny breaching any terms' (which the Template Defence does deny already).

That gets both parties through this stage of the process and the inclusion of Johny86's paragraphs might see some Judges strike claims out, so it's worth a try and certainly won't see any Judges being huge fans of DCBLegal's POC!

All good!

Then when DCBLegal finally take a look at the case at WS stage they realise it's not worth the hassle for a single PCN.  Hence all the discontinuances.

Worst case: the D expands on the defence (denial of breach) at WS stage.  Then DCBLegal still discontinue!  

Ninjabyte

Hi All, thanks for all your help so far. My deadline is tomorrow and I've got my defence signed (electronically) and ready to be PDF'd and emailed to CCBCAQ@Justice.gov.uk. I've done some digging and it appears DLUHC are yet to publish their Draft Impact Assessment. 

I didn't notice any change to the defence template since I last used it 2 weeks ago. Am I best filing my defence now or do we expect any changes in the next 24 hours?

B789

I doubt that it will come in the next 24 hours. Just make sure you file your defence by 4 pm on the deadline date. You absolutely must receive an automated acknowledgement email from the CCBC as soon as you send the email. If you don't keep trying and if necessary, use a different email agent.

Ninjabyte

Hi All, 

It's now over 3 weeks and I'm yet to receive a Directions Questionnaire as suggested in the Newbies Thread. As I will be away next week for about 3 weeks, I didn't want the form to arrive and I ended up missing the deadline. Am I best completing the form (which I've now already done) and emailing it to this email: CCBCAQ@justice.gov.uk? If so, would I still need to copy DCB Legal?

 

Also, what do I put in the very first box as above?

KeithP

I wouldn't be rushing to complete a Directions Questionnaire.

The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. It follows from that that it is not known when the Claimant has to respond to the CCBC.

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

And this recent thread indicates that longer delays are likely... CCBC are currently 26 days behind with DQs

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

Coupon-mad

Other threads exactly like yours, at the same stage but a bit ahead if you (similar threads that we hope you are reading every other day, or at least weekly in order to be prepared and confident) tell everyone that it's taking 2 months for the CCBC to get around to N180s right now.

More important in August while your case is quiet, as expected, is the photos of signs & 'good' car parks that we need this month, please.  As you will have read about in the DLUHC DRAFT IMPACT ASSESSMENT thread.