DCB Legal Claim Form advice needed

fifi90

Hi everyone, looking for some advice on the above attached claim form. After reading the newbies thread I am aware that the next step is to file an acknowledgement of service and then produce a defence that needs emailing to the CCBC. I am a little thrown off with my defence however as in point 3 the alleged T&C breach is outlined which would therefore make the Chan appeal irrelevant to include in the defence (I think?). If someone could kindly confirm how to proceed with my defence and what to include/exclude if required. Your help would be massively appreciated!

Coupon-mad

Yes just state something about why the driver was there as your para 3. Show us.

KeithP

With a Claim Issue Date of 5th February, you have until Monday 26th February to file an Acknowledgment of Service.

That's today. You must, absolutely must, file an Acknowledgment of Service today - ideally before 4pm today.

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 Monday 11th March 2024 to file your Defence.

That's 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'.

Coupon-mad

If you miss 4pm just do the AOS anyway.

No judgment can happen once the case is acknowledged.  Then work on the defence.

fifi90

Thank you both for coming back so quick today.

I filed my AoS at 16:41 today which means this will take effect tomorrow. I believe this now means I missed my opportunity to extend my defence deadline until 11th March. Is the correct deadline therefore until 4pm on 4th March?

Below is my draft defence amended as per the template on the forum. Please let me know if anything requires amending.

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. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.   3. The Defendant acknowledges that he parked in Westway Cross Retail Park, Greenford, on this day to visit a Pets at Home store with his two children. The Defendant entered, parked within what appeared to be a ‘parents and kids’ bay, and subsequently left the car park when he finished shopping. No parking contract was seen on the premises and therefore no agreement was made to any terms and conditions.    4. Remaining template defence follows.

KeithP

fifi90 said:

I filed my AoS at 16:41 today which means this will take effect tomorrow. I believe this now means I missed my opportunity to extend my defence deadline until 11th March. Is the correct deadline therefore until 4pm on 4th March?

What does your MCOL Claim History say?
Hopefully there are lines there something like...

Your acknowledgment of service was submitted on 26/02/2024 at hh:mm:ss
Your acknowledgment of service was received on 26/02/2024 at hh:mm:ss

I'm not sure, but those lines may not appear until tomorrow.
Once you see those lines, then as I said earlier, you have until 4pm on Monday 11th March 2024 to file your Defence.

fifi90

@KeithP, this is all I can see for now:

A claim was issued against you on 05/02/2024

Your acknowledgment of service was submitted on 26/02/2024 at 16:41:31

Coupon-mad

That's fine.  Good enough to block judgment.

And your defence looks fine too.

KeithP

fifi90 said:

@KeithP, this is all I can see for now:

A claim was issued against you on 05/02/2024

Your acknowledgment of service was submitted on 26/02/2024 at 16:41:31

OK, check again tomorrow.

Meanwhile, press on with your Defence. I can see you've posted your first draft of that, but I'll leave it for others to comment on that.

fifi90

Thank you both. I'll email CCBC tomorrow morning and continue with next steps.

Le_Kirk

Do make sure that you fit your defence (which is, as @Coupon-mad writes, good) into the template using all of the paragraphs and using the same format, so that each numbered paragraph starts on a new line.