CEL , DCB legal court claim

KeithP

RenegadeCharlie said:
I've requested thread title change.

You can change your own thread title by editing your opening post.

RenegadeCharlie

Gr1pr said:

Paragraph 2 probably needs a concise ending,  if not done already 

Then slot your 2 , 3 and 3.1 into the defence template,  removing the old 2 & 3

Use ALL of the template defence 

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, but NOT the driver at the time.

Which part of paragraph 2 needs a concise ending sorry? Just finalising the defence this week

Thanks

Gr1pr

You have added the correct ending,  the section after keeper in the last sentence 

Coupon-mad

RenegadeCharlie said:

Coupon-mad said:

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence, AFTER the paragraph 3 shown in the link:

3.1.  (Whatever your brief facts are).

4.  rest of the Template Defence - 30 paragraphs but DON'T copy & paste it here...please!

Amazing response thanks, ive requested thread title change.


3.     Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCNs were issued on the dates of the alleged visits.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

3.1 The vehicle was parked in good faith, in an empty NHS hospital car park, overnight by an NHS member of staff returning from maternity leave. Parking signs are obscure and do not detail any permit scheme as alleged.

Looks good. Get it signed/dated & emailed as per the Template Defence first 12 steps.

RenegadeCharlie

Hi All,

So I had my paper acknowledgement of service to the claimant a few weeks back

DCB have reached out insisting they will go to court and sent me a copy of their Directions Questionnaire

They have also asked to discuss settling

I assume i ignore this and wait for my DQ?

Thanks

KeithP

RenegadeCharlie said:

DCB have reached out insisting they will go to court and sent me a copy of their Directions Questionnaire.

I assume I ignore this and wait for my DQ?

You were expecting that weren't you?

Item 7 on that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might be worth another read too.

RenegadeCharlie

Hi all I have my court date for this one, 6th August.

It's a pilot hearing without attendance? Do I want that or to object

Witness Statement due 28th July 


Thanks!

Coupon-mad

RenegadeCharlie said:

Hi all I have my court date for this one, 6th August.

It's a pilot hearing without attendance? Do I want that or to object

Witness Statement due 28th July 


Thanks!

Which court?

Show us that Order but redact your name and the claim number.

RenegadeCharlie

Hi all, summons below thanks

Gr1pr

Its a court order,  not a summons  !

Well you won't get a better Judge in Manchester,  so it's a papers only determination,  no attendance , by Judge Iyer

You have 10 days to submit your cut down WS bundle email to the court and to the lawyers involved , so dont miss the deadline,  unless they ( CEL and DCB Legal   )   discontinue, so keep checking your inbox and spam folder for an N279 document