CP plus LTD, DCB Legal LTD, locked keys in car

Dtgdtg1

Hi all,

Finally reached my claim form stage- just done my acknowledgement.

A bit about my case.

Cold, rainy night at Lancaster services, returned to my car, closed boot.. great my keys are in there. After a couple of hours of trying to get any locksmith to come out on a Friday someone finally came. 2 further hours of trying to get in stood in the freezing rain very stressed we ended up having to smash the window. 4 hours in total. Didn't even cross my mind that you pay at services, because it's normally somewhere you stay for 1/2 an hour.

Great site and helpful information, however i'm struggling with my defence as I good as admitted being the driver during POPLA review, where I was naive and believed in decency. I can post the summary of this if required. I've currently used a mixture of the template, AI and a few suggested cases. I'll post it once I feel confident for review, but first please may I get any advice?!

Coupon-mad

"I've currently used a mixture of the template, AI and a few suggested cases."

Eek - no AI (it cannot do defences ir case law properly) and you don't need to draft a word!

You'll be using the special (linked in the Template Defence thread) defence para 3 for cases where the breach isn't specified.

Not_A_Hope

You can also refer in your defence to the legal precedent set in the court case Jopson v Homeguard where the judge said 

‘attending to a vicissitude of some small duration is not parking’.

It is highly likely DCBL will not progress their claim all the way to a hearing. A decent defence based on the template including Chan v Akande where the breach has not been specified in the particulars of a claim is likely to see them discontinue. 5here is a thread on this forum showing hundreds of discontinuations

Dtgdtg1

This is great stuff. Thank you both. I had noticed the jopson case on someone elses thread and thought that is likely relevant.

I'll also use the linked paragraph 3, shall I also add my circumstances or leave it at that.

Are there any paragraphs I need to avoid from the template as I've admitted both the details and being the driver?

No AI going forward, I promise. Even though it does seem to think it knows better than this forum.

Gr1pr

No circumstances, because the alleged breach is not pleaded

Save your fairy stories for your Witness statement plus Exhibits bundle in several months time

If necessary, add and driver to the end of paragraph 2

Coupon-mad

I agree. No circumstances.

Le_Kirk

With an issue date of 29/04/26 and providing you complete(d) the AoS after 04/05/26 and before or on 18/05/26 your defence deadline date is 4.00 p.m. on 01/06/26

Car1980

At Popla did you present it as mitigating circumstances, or in contract law (frustration of contract) terms?

Just argue a form of mitigation and they will just reject.

Dtgdtg1

https://forums.moneysavingexpert.com/discussion/comment/81988614#Comment_81988614

I argued as a form of mitigation and in an emotive way, absolute 0 contract law..

I suppose what I'm asking now, does what I've put in my Popla case affect using any parts of the template defence such as paragraph 2 and details being vaguem

Dtgdtg1

https://forums.moneysavingexpert.com/discussion/comment/81988549#Comment_81988549

I completed on the 4th, does this take me up to the 31st? Either way I aim to get it sorted within this week?

Gr1pr

Just get it done this month, or today if you want

Use the 10 paragraph template defence, no changes to paragraph 2

Use the Chan and Akande defence template paragraph for your paragraph 3, no changes, just copy and paste, save submit , on MCOL

Simples