UKPC/DCB(L) PCN PAPLOC Now Claimform - Residential Parking - Spring Gardens Romford Essex RM7 9BN

[munksey2001]

Some points I have also researched and want to see if they can be used as they apply to my case;

 

The Defendant was the registered keeper of the vehicle in question but liability is denied. It is not known who was the driver at the time

 

The defendant first heard about the parking charge by post recently when the defendant received the court claim form. the defendants cannot be held liable due to the claimant not complying with the ‘keeper liability’ requirements set out in the protection of freedoms act 2012, schedule 4

 

 

 

 

[dx100uk]

Not important

rhe 1st line upto but is one of our std bland defence lines yes

 

now go find the others!!

 

most certainly your 2nd sentence is legally meaningless to any claim.

 

off you go as i said above

 

have you found/used our enhanced google search box yet!??

 

Dx

[munksey2001]

I have been typing in your google enhanced bar all day since this morning as you keep saying!!!

 

all the claim threads relate to parking PCN’s that are not similar to my case in the slightest.

I am googling defence templates, court claim defence templates, DCB Legal court claims and to be honest I am not getting anywhere as this is something that needs my 24/7 time and attention and no excuse but 3 kids and Xmas time is impossible.
 

Thank you for your time and responding 

[honeybee13]

Have you had a look in our PPC Successes forum? There are loads of threads where people have had claim forms and I'd have thought there'd be something there.

 

 

HB

[munksey2001]

Thank you Honey Bee, I’ll take a look now. Thank you for letting me know x

[dx100uk]

they dont have to meet your exact case, its a generic bland non descripto std 3-5 line defence same for all PCN claimform threads.

[munksey2001]

1.  It is admitted that Defendant is the recorded keeper of [motor vehicle].

 

2.   As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.  The proper claimant is the landowner

 

3.  It is denied that the Defendant breached any terms and conditions set on private land.

 

4.  It is denied that the Defendant entered into a contract with the Claimant, or broke any such contract.

 

5.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
 

 

Am I on the right lines now? I had a read on a few threads and I’m guessing this is the generic statement needed to send as my defence?

[FTMDave]

Good work!

[munksey2001]

Thank you so much, I’m getting there. So I shall type this and send to the courts on 6th Jan through the MCOL website? 

[dx100uk]

copy n paste  into the defence section as you did like aos.

 

dx

 

[munksey2001]

Perfect I’ll do that in the new year. Thank you dx 

[munksey2001]

Hi, I am submitting my defence on MCOL and because the claim is over £300 I have to pay £50? Is this correct, it’s being called my counter claim? 

[FTMDave]

No! You file a defence, which is free. Not a counter claim. 

[munksey2001]

Thank you, I’ve said no to counter claim and sent my defence off just now, so I guess I wait for a letter from the court next? Or DCB Legal? Thank you for your help and speedy reply 

[FTMDave]

Yes, you will get a Directions Questionnaire from the court in due course.

[munksey2001]

Hello

 

I have received an email from DCB Legal to say the UKPC are proceeding with the claim and I will receive a questionnaire.  They did say to call them if I wish to discuss a settlement in 7 days. 
 

I have also received a letter from them today saying 

 

‘Please be advised CPR 31 does not apply to claims allocated to the small claims track.

 

in any event we note your request for evidence and the same has been requested from our client. On receipt of such evidence we will provide the same.’

 

Im guessing I just have to wait now for questionnaire? Does the above mean anything I need to worry about or be prepared for? 

[FTMDave]

No, relax.

 

They are wrong as your CPR request was made before allocation to small claims.  However, it is only a request and they don't have to comply.  They will certainly have to disclose their evidence though at Witness Statement stage.

 

Wait for the DQ.

[dx100uk]

would be nice if you updated this thread now you are back please

 

dx