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#Post#: 70661--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: May 9, 2025, 6:19 am
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A money claim was received today from DCB Legal / UK Parking
Control. Do I need to post this up here? What is the next course
of action please?
#Post#: 70667--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: b789
Date: May 9, 2025, 6:30 am
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Just post the actual Claim Form with the Particulars of Claim
(PoC). Only redact your personal data, the claim number and the
MCOL password. Leave everything else visible, especially all
dates.
#Post#: 70670--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: May 9, 2025, 6:35 am
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HTML https://i.ibb.co/zTmQPkpR/Whats-App-Image-2025-05-09-at-12-15-39-71c59c2a.jpg
HTML https://ibb.co/zTmQPkpR
#Post#: 70675--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: b789
Date: May 9, 2025, 7:02 am
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With an issue date of 7th May, you have until 4pm on Tuesday
27th May to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 9th June to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order that
goes with it. You only need to edit your name and the claim
number. You sign the defence by typing your full name for the
signature and date it. There is nothing to edit in the draft
order.
When you're ready you combine both documents as a single PDF
attachment and send as an attachment in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of UK Parking Control Ltd v [your full name]
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 the claim in its entirety. The
Defendant asserts that there is no liability to the Claimant and
that no debt is owed. The claim is without merit and does not
adequately disclose any comprehensible cause of action.
>
> 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 adequately 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 precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
>
> (g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without
specificity.[/indent]
>
> 4. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
>
> [indent](i) Set out the exact wording of the clause (or
clauses) of the terms and conditions relied upon;
>
> (ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
>
> (iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
>
> (iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather than
permitting an amendment.[/indent]
>
> 5. The Defendant submits that the same reasoning applies in
this case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4.
>
> 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/tcewefk7daozuje25chkl/Strikeout-order-v2.pdf?rlkey=wxnymo8mwcma2jj8xihjm7pdx&st=nbtf0cn6&dl=0
#Post#: 70680--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: May 9, 2025, 7:13 am
---------------------------------------------------------
Many thanks.
Maybe a daft question, but why does the draft order not have any
case reference related to it? I am assuming it was made in
relation to a specific case.
#Post#: 70681--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: DWMB2
Date: May 9, 2025, 7:23 am
---------------------------------------------------------
--- Quote from: oshkosh link ---
>
> I am assuming it was made in relation to a specific case.
>
--- End Quote ---
You're hoping it'll be made in relation to your case. The draft
is provided so that if the judge agrees with the proposal, he
can just use that draft for this case.
#Post#: 70682--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: May 9, 2025, 7:25 am
---------------------------------------------------------
Got it ::) thanks
#Post#: 71194--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: May 13, 2025, 4:42 am
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Docs sent by email. Do I need to serve to the Claimant as well,
or is that done automatically by the Court?
#Post#: 71213--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: b789
Date: May 13, 2025, 5:46 am
---------------------------------------------------------
No. The CNBC will send a copy of your defence to the claimant.
You will receive an acknowledgement that this has been done.
#Post#: 80591--------------------------------------------------
Re: Brent Cross Shopping Centre DYL - UKPC
DIR By: oshkosh
Date: July 11, 2025, 8:27 am
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Received form N180 today. Is this normal process?
They wish to allocate to Small Track.
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