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#Post#: 52156--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: January 6, 2025, 11:28 am
---------------------------------------------------------
My wife's mediation call is on Friday.
She's a little anxious because the advice letter said that she
has to say what her defence is.
Shall I just make sure she has a copy of this to hand...
--- Quote ---
> 1. The Defendant denies any liability for this claim. The
allegation that the vehicle was on site in excess of the
paid-for time or parked without making a valid payment is
refuted.
>
> 2. There is a lack of precise detail in the Particulars of
Claim (PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
>
> 3. The Defendant is unable to plead properly to the PoC
because:
>
> (a) The contract referred to is not detailed or attached to
the PoC in accordance with CPR PD 16.7.5;
>
> (b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
>
> (c) The PoC do not set out the reason (or reasons) why the
claimant asserts the defendant has breached the contract (or
contracts);
>
> (d) The PoC do not state with sufficient particularity exactly
where the breach occurred, the exact time when the breach
occurred and how long it is alleged that the vehicle was parked
before the parking charge was allegedly incurred;
>
> (e) The PoC do not state exactly how the claim for statutory
interest is calculated;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC states that the Claimant is suing the Defendant as
the driver or the keeper. However, the Defendant is, in fact,
the hirer of the vehicle. The Claimant should not be permitted
to plead alternative causes of action without accurately
identifying the correct legal status of the Defendant.
>
> 4. The Defendant has attached to this defence a copy of an
order made at another court which the allocating judge ought to
make at this stage so that the Defendant can then know and
understand the case which he/she/it faces and can then respond
properly to the claim.
--- End Quote ---
#Post#: 52169--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: DWMB2
Date: January 6, 2025, 12:42 pm
---------------------------------------------------------
I can understand why these things may be nerve wrecking to
someone who has not done this before, but the mediation call is
not a hearing, and needn't be a cause for concern.
There's no harm in having a copy of her defence to hand, but I'd
advise her to avoid getting drawn into any protracted debate
over it. It is not for the mediator to assess the strength of
either party's case, and if the claimant wants to try and pick
holes in her defence, they can do so at a hearing.
I would recommend she does not stray too far from the following
key points:
- She has shared a copy of her defence with the claimant, and
stands by its contents
- She believes UKPC's claim is without merit, and is therefore
not prepared to offer any payment to settle the case
Stick to those points, don't be drawn into any protracted
debate, or be swayed by anything the mediator or DCB Legal's rep
may say. Offer nothing, and don't feel compelled to answer any
question you don't wish to
#Post#: 52783--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: January 10, 2025, 5:53 am
---------------------------------------------------------
My wife had her mediation call this morning.
The mediator opened with, "I'm going to ask you what your
position is and I've been told by the claimant that this is a
copy and paste defense that has been used many times by many
people."
F*****g cheeky bastards.
That was a bit of a curve ball for my wife but she held her
ground with a £0 offer. I could kind of hear who she was talking
to and it seemed like he was on the claimant's side, trying to
get my wife to explain her defense.
The mediator said it would progress to court, so what happens
now?
Thanks, as always, for your help and support 🙏💚
We couldn't do this without you 🙇‍♂️
#Post#: 52805--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: DWMB2
Date: January 10, 2025, 6:55 am
---------------------------------------------------------
--- Quote ---
> I've been told by the claimant that this is a copy and paste
defense that has been used many times by many people.
--- End Quote ---
So exactly like their particulars of claim, then ;D
Just keep following the process and they'll eventually
discontinue.
#Post#: 52807--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: January 10, 2025, 6:56 am
---------------------------------------------------------
Tell your wife "well done" for not giving in. The "internet
template" I provided was created by a long serving District
Judge and has been tweaked to suit your case. Do you think that
the bulk litigators don't use boilerplate templates?
Anyway, you can now expect the case to be transferred to your
local county court where it will be reviewed by a case
management judge. They will decide whether to issue the draft
order or strike the case out or assign a hearing date.
Let us know when you receive the notice of allocation. As
already stated, they will eventually discontinue.
#Post#: 59046--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 20, 2025, 9:56 am
---------------------------------------------------------
My wife received a Notice of Transfer of Proceedings this
morning.
HTML https://imgur.com/0YFBwZ7
Is this what you mean by 'notice of allocation'.
Anything for us to do at this stage?
#Post#: 59069--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 20, 2025, 12:43 pm
---------------------------------------------------------
Partially. It means that the case is being transferred to your
local county court where an "allocation" or "case management"
judge will review the claim and defence and issue any orders.
The allocation judge can strike the claim out or oder further
details be submitted by the claimant and will then assign a
hearing date and order deadlines for the clamant to pay the
hearing fee and deadlines for submission of Witness Statement
etc..
#Post#: 59104--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 20, 2025, 3:23 pm
---------------------------------------------------------
Thanks b789 🙏💚
--- Quote ---
> order deadlines for the clamant to pay the hearing fee
--- End Quote ---
I guess that's the point where they give up, is it?
#Post#: 59899--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 27, 2025, 11:53 am
---------------------------------------------------------
--- Quote ---
> Let us know when you receive the notice of allocation. As
already stated, they will eventually discontinue.
--- End Quote ---
My wife received this yesterday, along with a Notice of Trial
Date.
Does it help for you to see it?
Is there anything for us to do?
#Post#: 59900--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 27, 2025, 11:56 am
---------------------------------------------------------
You can show it but there is nothing to do at this stage. How
long before the hearing date is the claimant ordered to pay the
ring fee? How long before the hearing does the WS need to be in?
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