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#Post#: 40803--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: October 15, 2024, 4:30 am
---------------------------------------------------------
Here is your defence and draft order. You only need to edit the
defence by inserting your name, the claim number and then
signing it by typing your full name for the signature and dating
it. When completed, both PDF documents are attached to an email
addressed to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The email subject but contain the claim number and in
the body of the email just state that attached are the defence
and draft order in the matter of [claimnt] v [you] Claim no.:
[claim number].
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [UK Parking Control Ltd]

> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
>
> 1. The Defendant denies any liability for this claim.
>
> 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. Further, the Claimant has breached the Pre-Action Protocol
for Debt Claims by failing to send a Letter of Claim (LoC)
before commencing proceedings. This failure only exacerbates the
already woefully inadequate Particulars of Claim (PoC), as
outlined in the rest of this defence. The court is invited to
strike out the claim due to the Claimant's unreasonable conduct
and non-compliance with the PAP.
>
> 4. The Defendant is unable to plead properly to the PoC
because:
>
> [indent](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. The claimant obviously knows whether
the defendant is being sued as the driver or the keeper and
should not be permitted to plead alternative causes of
action.[/indent]
>
> 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.
>
> Statement of truth
>
> I believe that the facts stated in this Defence are true. I
understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without
an honest belief in its truth.
>
> Signed:
>
>
> Date:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=vq4tef3w&dl=0
#Post#: 47648--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: November 30, 2024, 9:00 am
---------------------------------------------------------
Update.
After sending the defence, this has been received yesterday:
HTML https://imgur.com/a/SVcqgQN.
#Post#: 47652--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: November 30, 2024, 10:28 am
---------------------------------------------------------
All normal and as expected. I can assure you no human has
"reviewed the content of your defence". It is a template
response.
Have a look at other threads to see what the process involves.
You are now waiting for your N180 Directions Questionnaire (DQ).
Just do a search on the forum home page for "N180".
#Post#: 48303--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: December 4, 2024, 11:45 am
---------------------------------------------------------
First of all thank you for your help so far.
I have now received the N180 Directions Questionnaire. How
should one proceed further?
#Post#: 48305--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: DWMB2
Date: December 4, 2024, 11:58 am
---------------------------------------------------------
You need to fill in the N180.
Most of it is your own personal details, which should be
straightforward enough. Some of the ones people often query:
- C1 - Do you agree that the small claims track is the
appropriate track for this case? - Yes
- D1 - Do you consider that this claim is suitable for
determination without a hearing? - No - see quote box below for
some blurb from b789 you can include in the reasons box
- F1 - At which County Court hearing centre would you prefer the
small claims hearing to take place and why? - You can pick
whichever court you wish with reasons; for obvious reasons most
people choose the one closest to their home address
--- Quote ---
> "I wish to question the Claimant about their evidence at a
hearing in person and to expose omissions and any misleading or
incorrect evidence or assertions.
> Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question."
--- End Quote ---
If there are any other questions on the form about which you are
unclear then let us know.
#Post#: 48311--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: December 4, 2024, 12:32 pm
---------------------------------------------------------
Don't use the paper one they sent you. Download one from here
and complete it online:
HTML https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track
When done, you simply sign it by typing your name for the
signature. Send it as a PDF attachment in a single email
addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk
and CC in yourself. Make sure that the claim number is in the
email subject field.
#Post#: 51679--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: January 2, 2025, 10:33 am
---------------------------------------------------------
Happy New Year!
Update: Have received an email with Mediation Appointment
Confirmation. However, just had a look and on the N180 form
(sent to them) section E has been left blank - would this cause
any issues? Should I do anything else?
#Post#: 51704--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: b789
Date: January 2, 2025, 3:31 pm
---------------------------------------------------------
Which bit about "If you do not provide contact details for
mediation, your appointment may not take place, which could then
result in sanctions for non attendance" was not clear?
"Attendance" at the mediation call is mandatory. It is not part
of the judicial process and there is no judge or solicitors
involved. You offer £0 and it will be over in minutes. You
"attended" the call.
#Post#: 52264--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: Maskring
Date: January 7, 2025, 7:50 am
---------------------------------------------------------
Done a silly mistake. I misiterpreted what was written. What
should I do in this situation? Should I email them with details,
as they provided an email where can they be contacted.
#Post#: 52265--------------------------------------------------
Re: UKPC - Notice to Keeper final reminder + dcbl notice of debt
recovery
DIR By: DWMB2
Date: January 7, 2025, 7:52 am
---------------------------------------------------------
Yes. They can't contact you without contact details.
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