3. Letter before claim from DCB legal
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Re: Letter before claim from DCB legal
« Reply #15 on: »
I did receieve some letters before this but have not responded to any as I am only the RK of the vehicle and did not know anything about it.

 I will see if i can get a photo of the signage where i parked this week and post back if they send any further communcations

??
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Re: Letter before claim from DCB legal
« Reply #16 on: »
Quote from: H C Andersen on December 02, 2024, 08:53:08 am
I did receieve some letters before this but have not responded to any as I am only the RK of the vehicle and did not know anything about it.

 I will see if i can get a photo of the signage where i parked this week and post back if they send any further communcations

??

Irrelevant to the case.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Letter before claim from DCB legal
« Reply #17 on: »
Hello,

i received a claim form on 10 December. Apologies I have been so busy that I only saw the claim form a day or two before Christmas. I have done the AoS on 22 December and I think I need to submit my defence very soon?

I will post the PoC in a few hours. I haven’t been able to go to the location in question to check the signage but I can do that this week. Please could you advise when I need to file a defence by
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Re: Letter before claim from DCB legal
« Reply #18 on: »
It's the issue date on the front of the form that we need to know, not the actual date you received it.

What is the issue date?
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Letter before claim from DCB legal
« Reply #19 on: »
Hello

The issue date is 10 December on the claim form. I have attached the claim form

Thanks

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Re: Letter before claim from DCB legal
« Reply #20 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Letter before claim from DCB legal
« Reply #21 on: »
Thank you very much, I look forward to receiving it
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Re: Letter before claim from DCB legal
« Reply #22 on: »
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
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Civil Enforcement Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant


DEFENCE


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:

(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.

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:

Short defence draft order
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Letter before claim from DCB legal
« Reply #23 on: »
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?
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Re: Letter before claim from DCB legal
« Reply #24 on: »
Quote from: settop23 on January 06, 2025, 12:34:47 am
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?
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 on January 04, 2025, 10:39:17 am

Short defence draft order
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  3. Letter before claim from DCB legal