UKPC , DCB LEGAL court claim

jrc123

https://forums.moneysavingexpert.com/discussion/comment/81887456#Comment_81887456

My wife is the keeper of the vehicle and i was the driver.

The claim form sent is in the name of my wife the keeper of the vehicle

I am the one doing the defence etc, i did this last time and we both attended court - if that makes sense :-)

Coupon-mad

Yep that's fine. I see now. Just checking!

I think she should state that the defendant wasn't driving and was only the passenger.

jrc123

https://forums.moneysavingexpert.com/discussion/comment/81887542#Comment_81887542

Noted on that

how about these updated points:

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieval of material evidence difficult and highly prejudicial. The Defendant has little knowledge of events, save as set out below, and admits only to being the registered keeper of the vehicle. The Defendant was not the driver on the material date but merely a passenger. The Claimant has provided no evidence identifying the driver. The Notice to Keeper (NTK) failed to comply with the mandatory wording and timescales required by Schedule 4 of the Protection of Freedoms Act 2012 (POFA), and therefore no keeper liability can arise.

3. The Particulars of Claim allege that the vehicle was “not parked correctly within the markings of the bay or space.” The Defendant was not the driver and was only a passenger, and therefore has limited personal knowledge of the circumstances. The Defendant understands that the location, Gallions Reach Shopping Park, offers free parking for genuine shoppers and that any alleged parking irregularity would have caused no loss, obstruction or inconvenience. The Claimant is put to strict proof that adequate signage existed, that a contract was formed with the driver, and that any term was breached.

Gr1pr

Some banned characters in there such as double quotes, namely. " " so remove any " < > characters

And alter your thread title to something more suitable like

UKPC , DCB LEGAL court claim

jrc123

Morning @Gr1pr thankas for the note and i have update the below and title of the thread

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieval of material evidence difficult and highly prejudicial. The Defendant has little knowledge of events, save as set out below, and admits only to being the registered keeper of the vehicle. The Defendant was not the driver on the material date but merely a passenger. The Claimant has provided no evidence identifying the driver. The Notice to Keeper (NTK) failed to comply with the mandatory wording and timescales required by Schedule 4 of the Protection of Freedoms Act 2012 (POFA), and therefore no keeper liability can arise.

3. The Particulars of Claim allege that the vehicle was not parked correctly within the markings of the bay or space. The Defendant was not the driver and was only a passenger, and therefore has limited personal knowledge of the circumstances. The Defendant understands that the location, Gallions Reach Shopping Park, offers free parking for genuine shoppers and that any alleged parking irregularity would have caused no loss, obstruction or inconvenience. The Claimant is put to strict proof that adequate signage existed, that a contract was formed with the driver, and that any term was breached.

Question also is if it ever went to court how would i tackle this one?

Gr1pr

You wont be tackling anything, your wife or partner is the defendant in this case, you are her advisor, like us

She will follow the same process as every other defendant who has a court claim, so should read the 2nd post in the newbies sticky thread in announcements, plus the 8 steps, plus a dozen recent cases that are ahead of her case

BTW, its definitely going to court, her local civil court, in a couple of months time, probably be over by this summer, once her local court is dealing with it ( its a game of 2 halves. )

jrc123

Hi @Gr1pr i have done this before a few years back one of my posts is probably deep in the forum

Do you think as its a DCB case it will discontinue? or are you saying it will go all the way to sitting in court?

Gr1pr

I am saying that her local civil court will definitely be dealing with her in due course

I am also saying that in legal terms its nothing to do with you

But as DCB Legal tend to discontinue before the hearing fee deadline, its highly unlikely to get to an actual hearing, so unlikely to result in anyone sitting in that local court

Have you not read the 780 discontinued cases in the discontinuations thread by Umkomaas. ?

Coupon-mad

Going to court doesn't mean going to a hearing. It won't.

jrc123

thanks all noted on the above @Gr1pr @Coupon-mad .

Ok to send my defence off ?