CEL DCB Legal court claim

muj123

Got it.....

Gr1pr

Your password is visible  ( issue date appears to be 10th December. , CEL Via DCB Legal, one PCN, typical claim of around £280. )

muj123

Gr1pr said:

Your password is visible  ( issue date appears to be 10th December. , CEL Via DCB Legal, one PCN, typical claim of around £280. )

Thanks removed 

Coupon-mad

There's a template defence where you only write one paragraph. And it doesn't even matter what you put because DCB Legal will discontinue before the hearing, regardless.

Honestly, this is easy.  Easier than appeal.

Just add brief info about the circumstances but also deny the allegations. As seen in every thread like this. We win 99% of the time!

I hate providing links to threads because it stops people seeing how to hop around and finding & reading threads for themselves. But in the spirit of the Season, here's one showing what to put for para 3, but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

https://forums.moneysavingexpert.com/discussion/comment/81139187/#Comment_81139187

That shows you some 'deny the POC' wording to include in your para 3. Just add a line about the circumstances & facts that you know.

And of course use the whole Template Defence but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

muj123

Coupon-mad said:

There's a template defence where you only write one paragraph. And it doesn't even matter what you put because DCB Legal will discontinue before the hearing, regardless.

Honestly, this is easy.  Easier than appeal.

Just add brief info about the circumstances but also deny the allegations. As seen in every thread like this. We win 99% of the time!

I hate providing links to threads because it stops people seeing how to hop around and finding & reading threads for themselves. But in the spirit of the Season, here's one showing what to put for para 3, but please look around and read more (saves us from having to reply with the same stuff on thread after thread):

https://forums.moneysavingexpert.com/discussion/comment/81139187/#Comment_81139187

That shows you some 'deny the POC' wording to include in your para 3. Just add a line about the circumstances & facts that you know.

And of course use the whole Template Defence but we don't want to be shown it ... please!

Then follow the first 12 steps in the Template Defence thread so that you don't need to ask about the DQ questions or the laughable Mediation phone call.

We hope that we are only needed again by Defendants at WS & evidence stage next year. The 'first 12 steps' advice saves us all time.

And we do it through online portal or email?

Le_Kirk

The advice in the NEWBIE sticky and the template defence thread is quite clear; use email (address in tbe template defence thread). Do NOT put anything in the defence box - not even a full stop - on MCOL.

KeithP

With a Claim Issue Date of 10th December, you have until Monday 30th December to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 14th December, but otherwise 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 Monday 13th January 2025 to file a Defence.

That's over four 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'.

muj123

• 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.

  ^EDIT THIS PARAGRAPH If you weredriving, add 'and driver' after the word 'keeper'.

  OR if the Defendant doesn't know who was driving, say that.

  OR deny being the driver if you weren't: ONLY IF TRUE!

  
  

  3. [EXPLAIN IN YOUR OWN WORDS...NB: defences are written in the THIRD person as 'the Defendant', not 'I did this' nor 'my/me']. 

  Say why the car was there - if you know - but don't answer to details that are not stated in the PARTICULARS OF CLAIM. If you didn't get any letters or it was years ago & you can't recall if you were driving, say that.  ONLY IF TRUE.

  Most claims do not even state the alleged breach. If yours doesn't state what the breach was, add the paragraphs and judgments seen in the defence by @hharry100  here:

  https://forums.moneysavingexpert.com/discussion/comment/80343627/#Comment_80343627
  

  and change the paragraph numbering.

  If this was a residential site where the driver lives/was a permitted visitor, statethose parking rights.

  Older residential defence examples are in the NEWBIES thread.  CRIB SOME PARAGRAPHS BUT USE THIS TEMPLATE AS YOUR BASE.

  We recommend you continue with this wording  (yes, all of it. Paragraphs suitably re-numbered to allow for the above).

  
  

  
  

Le_Kirk

As you have editing privileges, please delete all that template except YOUR paragraphs #2 & #3. Then @Fruitcake can delete the quote of your post.

KeithP

muj123 said:

Is this the defence template I send by email?

• <<< snip the rest >>>

Didn't my earlier post point you to the right place?

Please advise how my post could be improved such that no-one ever needs to ask that question.