Court Case - Claim form received from UKPC Ltd / DCB Legal - 14 days has surpassed

davie185

KeithP said:

Do keep in mind an earlier post said...

...you have until 4pm on Monday 22nd July 2024 to file a Defence.

Oh yes I know

davie185

LDast said:

There is no need for 3.2. If you insist on giving detail in response to something that is not pleaded you only have to mention that you displayed the permit as a courtesy, not because it was required.

Okay thanks for the input

Le_Kirk

davie185 said:

LDast said:

There is no need for 3.2. If you insist on giving detail in response to something that is not pleaded you only have to mention that you displayed the permit as a courtesy, not because it was required.

Okay thanks for the input

I hope you sent it and received the auto acknowledgement.

Coupon-mad

7.3 Where a claim is based upon a written agreement

It's not a written agreement, it's agreement by conduct.

davie185

Le_Kirk said:

davie185 said:

LDast said:

There is no need for 3.2. If you insist on giving detail in response to something that is not pleaded you only have to mention that you displayed the permit as a courtesy, not because it was required.

Okay thanks for the input

I hope you sent it and received the auto acknowledgement.

Yes I did

LDast

Coupon-mad said:

7.3 Where a claim is based upon a written agreement

It's not a written agreement, it's agreement by conduct.

Noted and would need adjusting in the defence. However, even for a contract by conduct, the claimant is required to specify the conduct relied on in detail. As it is a contractual term they are relying on, they must state the actual term as it is written on the sign. If it isn't, the defence still stands and the order will require them to comply.

16.7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

I have asked for clarification on this point and will report back.

davie185

To give an update, I am now on step 7 of the 12 steps here:

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

I.e. I received a letter today from dcb legal saying they intend to proceed (as well as a phone number if I want to call to discuss a way to settle it) and a copy of the claimant's directions questionaire

I also separately received a letter from HM Courts & Tribunal service acknowledging my defence and saying a copy has been served to the claimant and that they have 28 days to contact the court.

So now just waiting for step 8, but I know from the link above that this could be several weeks.

davie185

I have received the N180 and have filled it in. I just have a quick question regarding send it.

I am ready to send it to DQ.cnbc@justice.gov.uk and cc info@dcblegal.co.uk (as the solicitor of the claimant)

I wasn't sure if this was the correct email for dcb legal but its the only one I can find - so I assume its okay?

LDast

Yes. Use those email addresses in a single email and also CC in yourself. You can put more than one email address if they are separated by a comma. Don't CC DCB Legal, put their email address together with the CNBC one and put your own email address in the CC field.

davie185

UPDATE: I have received a letter titled

"General form of judgement or order"

It states "you have failed to file the directions questionnaire with the CNBC by the date specified on the notice.

IT IS ORDERED THAT

The defendent must file the directions questionnaire with the CNBC on ort before 7 days from service of this....."

I did send it though, see here:



I don't see this mentioned on the 12 steps at https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

So is this just a mistake on their part, and I should just send it again? Should I mention that it was originally sent september 1st in this new email?

Thanks