5 year old "fine"

KeithP

Money_and_Travel said:

Isn't it Statute Barred by now?

No.
A claim has been raised within six years so OK on that score.

Coupon-mad

FlatTyre said:

Coupon-mad said:

FlatTyre said:

I now received a Claim Form from the Civil National Business Centre. It gives 3 options: Pay, partially challenge, or fully challenge. And if the challenge is unsuccessful that would be recorded on the credit history.

It certainly does not say that.

Well, I did not invent it. I read the paper. Here is what it says:

Yep I see how that is misleading but that only applies of you get a CCJ.  Losing at a hearing isn't an immediate CCJ because you'd just pay.

Anyway you won't even have a hearing if you follow our advice.

Use the Template Defence. Don't write your own basic defence, as that might even encourage them to take it to a hearing!  With our version, they've seen it so often that it sends them a clear message that this is not an isolated victim defendant, this is a person on MSE who isn't worth them fighting.

Gr1pr

Money_and_Travel said:

Isn't it Statute Barred by now?

No, its 6 years in England and Wales, 5 years in Scotland !

FlatTyre

Coupon-mad said:

Use the Template Defence. Don't write your own basic defence, as that might even encourage them to take it to a hearing!

Understood. The specifics of my scenario might be used at the WS and hearing, not at the Defense stage. I also went and looked at the place where DCBL claims the infringement occurred, and signage has some serious issues, of which I took photos. But I will hold on to this until the WS.

Looking at the defense letter, I have 2 questions, please. It would clear things in my mind:

1- the template has a section in its conclusion about cost recovery (paragraph 29). I presume I will have to keep it to claim costs at the hearing. Right?

2- Step 10 of the "12-steps" refers to emailing the defense document to "DQ.CNBC". However, KeithP's list refers to "ClaimResponses.CNBC". Which one please?

Thanks a lot for your help, everyone. I am truly grateful.

Gr1pr

Its not DCBL or DCB Legal claiming anything, its the claimant who is making the claim, the parking company 

There is no S in the word defence , so change your keyboard to UK English please 

1) the template is unchanged apart from say paragraphs 2 & 3, it is designed to open doors later on, so leave everything in apart from the early couple of paragraphs that are adapted.  You should definitely be trying to get costs if it actually goes to a hearing, chances are that they will probably discontinue, same as over 410 others in the Discontinuations thread by Umkomaas 

2) the DQ is not the defence document, its the N180 DQ document which hasn't been posted out yet 

Look at your claim form document, its an N1SDT document, not the later N180 document 

But you wont be posting any paperwork, you will be emailing the defence to claim responses email address, later on you will email a completed N180 to the DQ email address , as different as chalk and cheese 

Chalk is step 4 , cheese is step 10

Coupon-mad

Step 10 is about DQ stage.  You aren't there yet. An earlier step gives you where to email a defence.  This will end up discontinued.

FlatTyre

Gr1pr said:

1) the template is unchanged apart from say paragraphs 2 & 3,

I have worked on the defence letter, and paragraph 2 hardly needed a change. I just added "The Defender doesn't know who was driving" at the end.

Paragraph 3 is also short. I referred to the issue date of the alleged PCN, and said that the defender cannot remember who was driving 5 years ago, and that they can confirm never receiving a letter about the PCN.

All the above is true and I am keeping the details for court day. Unless you think I am missing something, I am going to email it as per NEWBIESnew.

Fruitcake

Please ensure you use the word, defendant, not, defender.

Please show us exactly what you intend to send, not just an explanation.

FlatTyre

Fruitcake said:

Please ensure you use the word, defendant, not, defender.

Please show us exactly what you intend to send, not just an explanation.

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. The Defendant doesn't know who was driving.

 

3. The alleged PCN is presented as having issued on **/**/2019. Such date is more than five years younger than the claim date. The defendant is unable to remember who was driving the car that many years ago. Furthermore, the defendant asserts not having received any letter in relation to the issued PCN.

Gr1pr

3) should address the POC on the bottom left of the claim form, but at the moment its just repeating 2) at the moment 

Not receiving letters is no defence to the alleged reasons for the incurred alleged unpaid debt , 3) should have a defence in there, it doesn't