UKPC/DCB(l) ANPR PCN Letter of Claim now claimform - Crown Point shopping PARK, Junction St, Leeds, LS10 1ET

[wakeyshakey]

Hi

 

Please see the rough draft of my defence below. It needs tweaking so appreciate any asssitance

 

...................................

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of XXXX XXX.

 

2.  It is denied that the Defendant entered into a contract with the Claimant to breach any terms and conditions of the stated private land.

 

3.  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 simply contracted by the landowner 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. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5. It is admitted that Defendant is the recorded keeper of the vehicle. The claimant is not in a position to state if the defendant was the driver at the time and therefore can not state that the driver agreed to pay within 28 days and did not, as outlined in point 4 on the Particulars of Claim

(Particulars state that defendant is liable as the driver or keeper, How can I reply to this?)

 

6. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

7.The claimant is not entitled to damages or any accrued interest, as stated in the Particulars of Claims as there are no contractual costs and interest can not be ac crued on a speculative charge.

 

8.  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.

[wakeyshakey]

Hi All...

Any update to the above Defence please? I have also received the reply below to the CPR 31.14

--------------------------------

We write further to your request for evidence as per CPR 31.14

In due course, the court will order that both parties file and serve all evidence they intend to rely on. We confirm you will therefore receive all relevant evidence in advance of the hearing.

Please find attached evidence we currently have. 

------------------------------

They included copies of the darkened images that I have already uploaded, a copy of whats on the parking signs in Crown Point shopping centre and an aerial map of the shopping centre. I can upload these 2 images once I'm back home

 

Thanks in advance

[Nicky Boy]

Hi wakey,

looks like some other regulars are out of the loop for some reason (holidays?)

You'll be best sticking with the unmodified standard defence. Find it in the below sticky... scroll to Q2) how should I defend?

The cpr reply is pretty standard. They won't actually have some of the important things you'll have asked for.

Just playing the game and trying to wear you down...

[brassnecked]

Looks OK less is more at this stage so as not to give any hint of whet they will get chucked at them ina Witness Statement later.

[wakeyshakey]

Morning guys

Will do.

I'll get it submitted by Friday

 

Many thanks

[wakeyshakey]

Hi All

Hope you've had a nice weekend.

I received a letter in the post last week from DCB Legal which contained a Directions Questionaire (Small Claims Track).

 I'm awaiting my copy from County court, which will probably arrive in the next few days. I'll advise once I'm in receipt of my copy of the paperwork

Below is the detail of the letter.

 

Thanks,

--------------------------------------------------------------------------

 

Having reviewed the content of your defence, we are writing to inform you that our client intends to proceed with the claim.

The court will direct both parties to file directions questionaire in due course. In anticipation of that, we are enclosing a copy

Without prejudice to the above, in order to assist the court in achieving its overriding objective, our client may be prepared to settle this case.

Therefore, in the event you wish to discuss settlement, please call us on 0203 838 7038 within 7 days and make immediate reference to this correspondence

[Nicky Boy]

Standard rubbish. Their idea of making things sound "scary".

If they are that sure of their case, why offer to do a deal?

You could call and offer a quid

[wakeyshakey]

 

I would if I thought they would accept it, but won't bother wasting the phone call... lol

Edited July 30, 2023 by wakeyshakey

[dx100uk]

check MCOL status does it say they've been sent out?

std letter they send out in every claimform thread @wakeyshakey....you should be reading up and already know its coming not disappearing for a month doing nothing........

 

dx

 

[wakeyshakey]

Hi DX

I do read through the forum when I can.. Though I do appreciate the assistance I get on this forum, i do have a very demanding job that requires a lot of travelling... and have read through the forum and not been doing nothing for the past month

I did check MCOL and nothing has changed on there even though their letter is dated over a week ago... Though I'm sure thats irrelevant.

Thanks

 

[dx100uk]

no mcol status of no N180's even sent out its not irrelevant. ..its very very important.

if the court havent sent out DQ N180's then its done to purposefully intimidate and harass......std in every thread here from them.

the courts call the shots not the claimant..

 

 

 

[wakeyshakey]

I do understand that the court calls the shot., that's why I mentioned in my post yesterday that I would await a notice from the courts. Either way, I'm aware of what the next step in the process is and will be ready to move forward

Thanks

[wakeyshakey]

Hi All

Hope you're all doing well.

Just a quick update. So MCOL still doesn't show any updates since when i submitted my defence in June.

Only correspondence I have received thus far is from the Solicitor so no action to take on my part.

I'll update again once I know more..

 

Many Thanks

 

[FTMDave]

OK, you will get the real N180/DQ from the court in due course.

[wakeyshakey]

Hello

 

Happy Friday to you all.

I've just checked MCOL and its updated to show that DQ has been filed by claimant and sent to me a few days ago. I work away during the week but heading home later tonight and hopefully should be in my post box.

I'll update once I confirm receipt

Thanks

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

[wakeyshakey]

Thanks DX

I'm saying No to mediation service as it was in a shopping centre, on private land.

Do i also need to complete section B, Which asks for my contact details as its already on file and if so, Can I leave my phone number and email address blank?

 

Thanks

[dx100uk]

read my post carefully

dx

[wakeyshakey]

oops... yep got it.....

 

Thanks

[FTMDave]

Will you please update your VCS thread.