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#Post#: 51770--------------------------------------------------
Re: Letter before claim from DCB legal
DIR By: b789
Date: January 3, 2025, 11:46 am
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With an issue date of 10th December and having submitted your
AoS on 22nd December, you have until 4pm on Monday 13th January
to file your defence.
I’m in transit back to UK at the moment. Will provide a defence
over the weekend.
#Post#: 51818--------------------------------------------------
Re: Letter before claim from DCB legal
DIR By: settop23
Date: January 3, 2025, 5:48 pm
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Thank you very much, I look forward to receiving it
#Post#: 51834--------------------------------------------------
Re: Letter before claim from DCB legal
DIR By: b789
Date: January 4, 2025, 4:39 am
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Use the defence below. You only need to edit your full name and
the claim number. You sign the defence by typing your full name
for the signature and then date it. There is nothing to edit in
the draft order. When yo've done that, you save the documents as
PSF files and attach them to an email addressed to
claimresponses.cnbc@justice.gov.uk and also CC in yourself.
--- Quote ---
>
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Civil Enforcement 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. 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 state with sufficient particularity the
exact time when the breaches occurred and how long it is alleged
that the vehicle was parked before the parking charges were
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 are the
parking charges 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 ---
Short defence draft order
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=g3cofje9&dl=0
#Post#: 52069--------------------------------------------------
Re: Letter before claim from DCB legal
DIR By: settop23
Date: January 5, 2025, 6:34 pm
---------------------------------------------------------
Thank you - I have submitted the defence.
I had a question about the draft order, it says in the defence
'The Defendant has attached to this defence a copy of an order
made at another court'. What is the meaning of this?
#Post#: 52074--------------------------------------------------
Re: Letter before claim from DCB legal
DIR By: DWMB2
Date: January 6, 2025, 2:10 am
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--- Quote from: settop23 link ---
>
> I had a question about the draft order, it says in the defence
'The Defendant has attached to this defence a copy of an order
made at another court'. What is the meaning of this?
>
--- End Quote ---
That is referring to the second document b789 provided in his
previous reply, titled 'Short defence draft order', which should
be attached alongside the defence.
--- Quote from: b789 link ---
>
>
> Short defence draft order
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=g3cofje9&dl=0
>
--- End Quote ---
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