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#Post#: 17202--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: Sonu rocks
Date: March 13, 2024, 4:55 am
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Thank you all!
#Post#: 57408--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: Sonu rocks
Date: February 10, 2025, 6:24 am
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Hello all,
I need your expertise. Please would request some advice on the
following:
HTML https://ibb.co/jZ8k1cjG
HTML https://ibb.co/C32YWtfb
HTML https://ibb.co/DPxBckRc
HTML https://ibb.co/RpQFpFxq
HTML https://ibb.co/hbXNfMM
HTML https://ibb.co/rf4MFsf6
HTML https://ibb.co/FqHSMMYG
Remembered posting this PCN on Pepipoo years ago but cannot
remember what had happened.
#Post#: 57418--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: DWMB2
Date: February 10, 2025, 6:53 am
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HTML https://i.ibb.co/YTp8PZTk/Cam-Scanner-02-08-2025-19-28-2.jpg
HTML https://ibb.co/rf4MFsf6
#Post#: 57438--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: b789
Date: February 10, 2025, 7:47 am
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With an issue date of 6th February, you have until 25th February
to submit an Acknowledgement of Service (AoS). By submitting an
AoS, you would then have until 4pm on Tuesday 11th March to
submit your defence. If you do not submit an AoS, then you have
until 4pm on Tuesday 25th March to submit the 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 send both documents as PDF attachments 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 [claimant] v [your full
name] Claim no.: [claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> [Claimant]
> 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#: 57500--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: Sonu rocks
Date: February 10, 2025, 12:29 pm
---------------------------------------------------------
Thank you!
What is the use of submitting an AoS and what will be the
consequences if chosen to skip it?
Do we have to provide any case reference when we say ''The
Defendant attaches to this defence a copy of a draft order
approved by a district judge at another court'' or we are
referring to this format as the draft order?
#Post#: 57533--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: jfollows
Date: February 10, 2025, 4:02 pm
---------------------------------------------------------
The answers to your questions are given in the very helpful post
by b789 above:
No AoS means you have less time to submit your defence and if
you don’t you’ll probably be found guilty.
Draft Order is given to you to submit as is.
You’re being very helpfully spoon-fed, what’s the problem?
#Post#: 57535--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: DWMB2
Date: February 10, 2025, 4:20 pm
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> if you don’t you’ll probably be found guilty.
> [...]what’s the problem?
>
--- End Quote ---
At risk of sounding pedantic, they're not going to be found
'guilty' in the civil court. Let's not chastise OPs for asking
good faith questions to further their understanding of the
process.
--- Quote ---
>
> Do we have to provide any case reference when we say ''The
Defendant attaches to this defence a copy of a draft order
approved by a district judge at another court'' or we are
referring to this format as the draft order?
--- End Quote ---
You can just provide it 'as is'
#Post#: 57558--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: b789
Date: February 11, 2025, 3:44 am
---------------------------------------------------------
You do not ned to submit an AoS. By submitting an AoS, you gain
an extra 2 weeks to submit the defence. In this case, if you do
not submit an AoS, you have until 4pm on Tuesday 25th February
to submit the defence.
The defence includes a draft order that the allocation judge can
choose to use, or not, with which to order the claim be struck
out for failing to comply with CPR 16.4. If the allocation judge
chooses not to strike out the claim, it will be discontinued in
any case before the claimant has to pay the hearing fee.
This is not a criminal matter being tried. There is no finding
of guilt as no 'offence' has been committed. This is simply a
civil contractual matter and the court, in these cases, is
simply a dispute resolution service. ECP are claiming that you
are in debt to them and owe them money. The judge decides (if it
were ever to get as far as a hearing, which it won't) whether
you owe that debt or not.
#Post#: 57559--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: jfollows
Date: February 11, 2025, 4:13 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> At risk of sounding pedantic, they're not going to be found
'guilty' in the civil court. Let's not chastise OPs for asking
good faith questions to further their understanding of the
process.
>
--- End Quote ---
Fair point, thanks.
#Post#: 69563--------------------------------------------------
Re: ZZPS is chasing contravention dated Oct 2020 on behalf of
Euro Car Park Ltd.
DIR By: Sonu rocks
Date: May 1, 2025, 8:22 am
---------------------------------------------------------
Hi there,
I did send the application, and the court claimed that they
never received the justification. When called court admitted
their mistake and replied to say they will review and send the
decision. However, received a letter from the court to say they
have allocated this to small claims. Also, recevied a letter
from DCB legal to say that they would like to challenge this
further. Please find attached.
[attachment deleted by admin]
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