CNBC Defence for review

Olz8

Hopefully final version 

"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 who parked the vehicle.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 06/08/2021" (the date of the visit), but several weeks after.  Whilst the Defendant was the keeper, the rest of paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The claim 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 Defendant was sharing their vehicle with an additional insured driver at the time of parking. It had been agreed between the Defendant and the driver that the driver would drop off the vehicle in the vicinity of the Defendant’s residence."

Coupon-mad

I'd change

The Defendant was sharing their vehicle with an additional insured driver at the time of parking.

to this:

The vehicle was being used by an additional insured driver at the time of parking.

Olz8

Thank you all for your help!

I've just sent the email with the defence attached asking for acknowledgement of receipt. I'll keep you posted.

Le_Kirk

You don't need to ask for an acknowledgement,  it should be automatically sent to you; did you receive one? If not, check the address you used.

Olz8

I got this auto-reply:

Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days When sending us documents please ensure you comply with the Practice Direction 5B LINK Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.

Le_Kirk

That's the one!

Olz8

Hello everyone,

The process is taking some time, but I've reached a further milestone. I've gone through mediation a couple of months ago with a "not settled" outcome. I've received numerous phone calls and a couple of letters from DCB since which I didn't react to as advised throughout the forum.

Last week I got this letter. Am I right in understanding that there's no immediate action expected from me?

Coupon-mad

Oh good! Hopefully they won't comply.

@Le_Kirk can add that to his judgments link.

Le_Kirk

All done and added