UKPC DCB Legal Court Claim sent to brother's address

cluelesss123

Hi,

DCBLegal sent a county court claim via moneyclaim website to my brother's address. I have never lived at his address, have never used his address to apply for anything like bank accounts, credit cards etc. and the car is also NOT registered at his address. We do share the same firstname and surname but have different middle names. The claim is sent in my fullname which is different from my brother's full name.

I need urgent advice on how to respond to this claim. Although the claim is sent in my name, but was not sent to my current address where the car is registered. Do I still need to respond to the claim or my brother can respond using his full name and mention that no person with this name on the claim lives there and he doesnot own this vehicle. Hence the claim should be cancelled.

Also, please advise who needs to complete the AOS, would it be me or my brother on whose address the claim is sent.

Gr1pr

You should be responding, as the person named on the claim form, nobody else 

You can send a data rectification notice to all parties. giving the correct address for the service of papers, ( Clearly they did a trace and it has come through with similar but incorrect information, but presumably the correct name and the correct VRM details, you and your vehicle. )

Your brother has no involvement in the case, any suitable address can be used for the service of papers 

LDast

Irrespective of the wrong address, you must acknowledge service (AoS) of the claim as it is in your name. What is the issue date of the claim?

If it is not too late (depending on the issue date of the claim) it may be worth emailing the AoS (download the form here) as a PDF attachment together with an accompanying  pdf letter or separate note to the court explaining that the claim was sent to the wrong address and that you have never lived at the address in question. Provide your correct address for correspondence and explain that the vehicle is not registered at your brother's address. Send the email to aos.cnbc@justice.gov.uk.

You could even request that the court strike out the claim due to improper service if you can demonstrate that the claimant did not take reasonable steps to ascertain your correct address before issuing the claim.

cluelesss123

LDast said:

Irrespective of the wrong address, you must acknowledge service (AoS) of the claim as it is in your name. What is the issue date of the claim?

If it is not too late (depending on the issue date of the claim) it may be worth emailing the AoS (download the form here) as a PDF attachment together with an accompanying  pdf letter or separate note to the court explaining that the claim was sent to the wrong address and that you have never lived at the address in question. Provide your correct address for correspondence and explain that the vehicle is not registered at your brother's address. Send the email to aos.cnbc@justice.gov.uk.

You could even request that the court strike out the claim due to improper service if you can demonstrate that the claimant did not take reasonable steps to ascertain your correct address before issuing the claim.

Thanks for the responses and suggestions. The claim was issued on the 2nd of October 2024. I still have a few days to acknowledge. Will send an email to the court too.  Was not sure whether to acknowledge in my name or my brother's name.

Does the AoS needs to be done on the moneyclaim website or should i do it via email. Apologies I am new to the forum and still going through  the existing posts. 

Gr1pr

You are doing everything in your own name, nothing to do with the brother , forget about your brother 

Normally you login to MCOL and do the AOS online on MCOL, as described in the newbies sticky thread 

You have until the 21st October to get the AOS sorted out 

Ldast mentioned an email alternative due to the incorrect address details 

Car1980

Do the AOS through email.

Keep it simple.

1. This claim has been made against Joe Ian Bloggs of 123 Acacia Avenue, but the defendant's name is Joe Percy Bloggs of 345 Oak Avenue.

2. The defendant does not own vehicle AB12 CDE or ever been the registered keeper of AB12 CDE.

3. The claimant has obviously obtained the keeper's details from the DVLA using the similar name, but they are a completely different person.

4. Therefore the claim should be struck out, or in the alternative a new party should be substituted under CPR 19.2(4).

Gr1pr

Car1980 said:

2. The defendant does not own vehicle AB12 CDE or ever been the registered keeper of AB12 CDE.

The actual defendant IS the registered keeper, its the address that is incorrect 

KeithP

With a Claim Issue Date of 2nd October, you have until Monday 21st October to file an Acknowledgment of Service, but 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 4th November 2024 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'.

Where I have written 'you' or 'your' I do of course mean the named Defendant. Everything must be done in the name of the named Defendant.

cluelesss123

I have filed my AoS in time from the MoneyClaimOnline website on the 14th of October. Now I have until 4th Nov 4pm to file a defence. I have read most of the posts and sample defence template and in the process of modifying it. 

My circumstances are below. 

1- Some of the initial parking notices were sent to my correct address, which i ignored, and then remaining letters were sent to my brother's address which were all ignored as well until the claim form was sent.

2- I am the registered keeper but was not the driver. The claimed violation was at the driver's workplace carpark for which she had a valid permit. The carpark is managed by UKPC. The driver might have parked in the wrong zone and hence got the tickets. The claim amount is for about 3 parking tickets issued on 3 consecutive days.

If someone can point to relevant case or points to add to the template defence, then that would be helpful.

cluelesss123

Total cost of claim is £500+

Particulars of Claim:

1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle redacted at redacted.

2. The PCN(s) were issued on xx/xx/2024, xx/xx/2024, xx/xx/2024, 

3. The defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason:Registered Users Only

4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS

1. £Redacted being the total of the PCN(s) and damages.

2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £.03 until judgment or sooner payment.

3. Costs and court fees

Coupon-mad

3.  The Defendant is the registered keeper but was not the driver. The claimed violation was at the driver's workplace carpark for which she had a valid permit.  It is denied that she was not a registered user and denied that any prominent signs were seen or communicated by way of any 'registered users only' term.  If such signage existed - and if the driver/employee was somehow not considered a 'registered user' - then not only was she unaware of this but also, it was not possible to be bound by a sign that seems to have offered terms only to 'registered users' and offered nothing of value by way of a contract to other drivers.  Prohibitive signage is not the same as a contract. The Claimant is put to strict proof of all their allegations including how the Defendant is considered liable.

Just put the above as your para 3.