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#Post#: 57453--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: ChromeX1
Date: February 10, 2025, 8:34 am
---------------------------------------------------------
Hello [member=26]b789[/member] and [member=103]DWMB2[/member],
Just an update on the case, it seems it's been passed to the
court and I have a hearing date set - is this part of the
process?
Images of the letter/email received.
HTML https://imgur.com/a/d2cokT2
Just want to confirm, is the expectation that I submit the same
defence statement to the court again or do I need to prepare
anything different this time around?
Do I have to attend?
Also received an email from DCB Legal with a proposal to pay
£255 to close the claim - which I assume I should also ignore.
Thank you for your time and support as always :)
#Post#: 57456--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: jfollows
Date: February 10, 2025, 8:48 am
---------------------------------------------------------
2pm on 3 April 2025 is the date for your diary, when DCBL won’t
pay the court fee and the case will be struck out.
Ignore everything from DCBL. And DCB Legal’s offers to settle.
#Post#: 57457--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: ChromeX1
Date: February 10, 2025, 9:02 am
---------------------------------------------------------
--- Quote from: jfollows link ---
>
> 2pm on 3 April 2025 is the date for your diary, when DCBL
won’t pay the court fee and the case will be struck out.
>
> Ignore everything from DCBL. And DCB Legal’s offers to settle.
>
--- End Quote ---
Thanks, do I have to attend?
What about the requested documents? I previously submitted a
deference statement that [member=26]b789[/member] /
[member=103]DWMB2[/member] kindly drafted. Do I submit the same
one again?
#Post#: 57458--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: b789
Date: February 10, 2025, 9:10 am
---------------------------------------------------------
You won't be attending any hearing because they will
discontinue. However, the DDJ has made an error in the order
because they have ordered the claimant to provide further
detailed PoC without giving the defendant an opportunity to
submit an amended defence in response.
Have you shown us ALL the pages from the Notice of Trial Date
(the order)? It looks like there may be a page or more missing.
#Post#: 57462--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: ChromeX1
Date: February 10, 2025, 9:31 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> You won't be attending any hearing because they will
discontinue. However, the DDJ has made an error in the order
because they have ordered the claimant to provide further
detailed PoC without giving the defendant an opportunity to
submit an amended defence in response.
>
> Have you shown us ALL the pages from the Notice of Trial Date
(the order)? It looks like there may be a page or more missing.
>
--- End Quote ---
Thanks, so is there anything I need to do? Sorry for the silly
question but just want to make sure any actions on my behalf are
covered.
Yes there were a couple extra pages but it a FAQ sheet, see
attached.
HTML https://imgur.com/a/ohVa2MN
Thanks for the support.
#Post#: 57467--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: b789
Date: February 10, 2025, 9:50 am
---------------------------------------------------------
Send the following to the court manager at Nottingham County
Court:
--- Quote ---
> [Your Name]
> [Your Address]
> [City, Postcode]
> [Your Email]
> [Your Phone Number]
>
> [Date]
>
> Court Manager
> Nottingham County Court
> 60 Canal Street
> Nottingham
> NG1 7EJ
>
> URGENT: Request for Permission to Amend Defence – Procedural
Oversight in Court Order
>
> Dear Court Manager,
>
> Re: Case No. L0KF4D2J – Euro Car Parks Ltd v [Defendant Name]
>
> I write in relation to the above case, following the order
dated 5th February 2025 issued by Deputy District Judge
Griffiths.
>
> The order required the claimant to file further Particulars of
Claim (PoC) by 26th February due to the inadequacy of their
original PoC to comply with CPR 16.4. However, it does not
permit me, the defendant, to file an amended defence in response
to the new PoC, despite the fundamental changes this will
introduce to the case.
>
> This omission appears to be a procedural oversight because:
>
> [indent]• The court has already found that the original PoC
lacked the required detail under CPR 16.4.
> • My existing defence was drafted in response to the previous
defective PoC, meaning I have not had the opportunity to respond
to the new case against me.
> • Requiring me to submit only a witness statement and evidence
by 26th February (without an amended defence) is procedurally
unfair and does not comply with the Overriding Objective (CPR
1.1).
> • It is standard practice that when a claimant is ordered to
file further PoC, the defendant should be given an opportunity
to respond by way of an amended defence.[/indent]
>
> I respectfully request that the court confirms:
>
> [indent]1. That I am permitted to file an amended defence
within 14 days of service of the further PoC.
> 2. If the court considers that an N244 application is required
for this procedural correction, please confirm whether:
> [indent]• The court fee applies given that this arises from
the court’s own order.
> • The matter will be considered on paper rather than requiring
a hearing.[/indent][/indent]
>
> Given the imminent deadline of 26th February, I would be
grateful for an expedited response so that I may prepare
accordingly.
>
> I would appreciate a written confirmation of the court’s
position at your earliest convenience.
>
> Yours faithfully,
>
> [Your Full Name]
> Defendant
--- End Quote ---
If possible, you can hand the letter in to the court personally
but make sure that they give you a receipt for it. Otherwise,
you send it as a PDF attachment in an email to
enquiries.nottingham.countycourt@justice.gov.uk AND by first
class post using free "Certificate of Posting" from any post
office.
You can also send it using the online complaints form here:
HTML https://hmcts-complaint-form-eng.form.service.justice.gov.uk
Just make sure that you copy and paste the following in the
appropriate boxes and then also upload the copy of the order:
Q. Your complaint:
--- Quote ---
> I received a copy of an order dated 5th February 2025 issued
by Deputy District Judge Griffiths. The order required the
claimant to file further Particulars of Claim (PoC) by 26th
February due to the inadequacy of their original PoC to comply
with CPR 16.4. However, it does not permit me, the defendant, to
file an amended defence in response to the new PoC, despite the
fundamental changes this will introduce to the case. This
omission appears to be a procedural oversight because:
>
> • The court has already found that the original PoC lacked the
required detail under CPR 16.4.
> • My existing defence was drafted in response to the previous
defective PoC, meaning I have not had the opportunity to respond
to the new case against me.
> • Requiring me to submit only a witness statement and evidence
by 26th February (without an amended defence) is procedurally
unfair and does not comply with the Overriding Objective (CPR
1.1).
> • It is standard practice that when a claimant is ordered to
file further PoC, the defendant should be given an opportunity
to respond by way of an amended defence.
--- End Quote ---
Q: How has this affected you?:
--- Quote ---
> This has caused confusion and distress.
--- End Quote ---
Q. What can we do to put this right?:
--- Quote ---
> I respectfully request that the court confirms:
> 1. That I am permitted to file an amended defence within 14
days of service of the further PoC.
> 2. If the court considers that an N244 application is required
for this procedural correction, please confirm whether:
>
> • The court fee applies given that this arises from the
court’s own order.
> • The matter will be considered on paper rather than requiring
a hearing.
>
> Given the imminent deadline of 26th February, I would be
grateful for an expedited response so that I may prepare
accordingly. I would appreciate a written confirmation of the
court’s position at your earliest convenience.
--- End Quote ---
All the other questions are self explanatory.
#Post#: 57468--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: ChromeX1
Date: February 10, 2025, 9:54 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Send the following to the court manager at Nottingham County
Court:
>
> [quote][Your Name]
> [Your Address]
> [City, Postcode]
> [Your Email]
> [Your Phone Number]
>
> [Date]
>
> Court Manager
> Nottingham County Court
> 60 Canal Street
> Nottingham
> NG1 7EJ
>
> URGENT: Request for Permission to Amend Defence – Procedural
Oversight in Court Order
>
> Dear Court Manager,
>
> Re: Case No. L0KF4D2J – Euro Car Parks Ltd v [Defendant Name]
>
> I write in relation to the above case, following the order
dated 5th February 2025 issued by Deputy District Judge
Griffiths.
>
> The order required the claimant to file further Particulars of
Claim (PoC) by 26th February due to the inadequacy of their
original PoC to comply with CPR 16.4. However, it does not
permit me, the defendant, to file an amended defence in response
to the new PoC, despite the fundamental changes this will
introduce to the case.
>
> This omission appears to be a procedural oversight because:
>
> [indent]• The court has already found that the original PoC
lacked the required detail under CPR 16.4.
> • My existing defence was drafted in response to the previous
defective PoC, meaning I have not had the opportunity to respond
to the new case against me.
> • Requiring me to submit only a witness statement and evidence
by 26th February (without an amended defence) is procedurally
unfair and does not comply with the Overriding Objective (CPR
1.1).
> • It is standard practice that when a claimant is ordered to
file further PoC, the defendant should be given an opportunity
to respond by way of an amended defence.[/indent]
>
> I respectfully request that the court confirms:
>
> [indent]1. That I am permitted to file an amended defence
within 14 days of service of the further PoC.
> 2. If the court considers that an N244 application is required
for this procedural correction, please confirm whether:
> [indent]• The court fee applies given that this arises from
the court’s own order.
> • The matter will be considered on paper rather than requiring
a hearing.[/indent][/indent]
>
> Given the imminent deadline of 26th February, I would be
grateful for an expedited response so that I may prepare
accordingly.
>
> I would appreciate a written confirmation of the court’s
position at your earliest convenience.
>
> Yours faithfully,
>
> [Your Full Name]
> Defendant
--- End Quote ---
If possible, you can hand the letter in to the court personally
but make sure that they give you a receipt for it. Otherwise,
you send it as a PDF attachment in an email to
enquiries.nottingham.countycourt@justice.gov.uk AND by first
class post using free "Certificate of Posting" from any post
office.
You can also send it using the online complaints form here:
HTML https://hmcts-complaint-form-eng.form.service.justice.gov.uk
Just make sure that you copy and paste the following in the
appropriate boxes and then also upload the copy of the order:
Q. Your complaint:
--- Quote ---
> I received a copy of an order dated 5th February 2025 issued
by Deputy District Judge Griffiths. The order required the
claimant to file further Particulars of Claim (PoC) by 26th
February due to the inadequacy of their original PoC to comply
with CPR 16.4. However, it does not permit me, the defendant, to
file an amended defence in response to the new PoC, despite the
fundamental changes this will introduce to the case. This
omission appears to be a procedural oversight because:
>
> • The court has already found that the original PoC lacked the
required detail under CPR 16.4.
> • My existing defence was drafted in response to the previous
defective PoC, meaning I have not had the opportunity to respond
to the new case against me.
> • Requiring me to submit only a witness statement and evidence
by 26th February (without an amended defence) is procedurally
unfair and does not comply with the Overriding Objective (CPR
1.1).
> • It is standard practice that when a claimant is ordered to
file further PoC, the defendant should be given an opportunity
to respond by way of an amended defence.
--- End Quote ---
Q: How has this affected you?:
--- Quote ---
> This has caused confusion and distress.
--- End Quote ---
Q. What can we do to put this right?:
--- Quote ---
> I respectfully request that the court confirms:
> 1. That I am permitted to file an amended defence within 14
days of service of the further PoC.
> 2. If the court considers that an N244 application is required
for this procedural correction, please confirm whether:
>
> • The court fee applies given that this arises from the
court’s own order.
> • The matter will be considered on paper rather than requiring
a hearing.
>
> Given the imminent deadline of 26th February, I would be
grateful for an expedited response so that I may prepare
accordingly. I would appreciate a written confirmation of the
court’s position at your earliest convenience.
--- End Quote ---
All the other questions are self explanatory.
[/quote]
Thank you, I appreciate you taking the time to support me on
this.
Once submitted, is there anything I need to do?
#Post#: 57469--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: b789
Date: February 10, 2025, 9:54 am
---------------------------------------------------------
Don't worry to much about the WS filing deadline, It won't
matter too much in this case if the claimant does comply with
the court order and they are required to send you a copy of the
amended PoC which you can then. use to put together a WS once
you receive it, even if they only submit it by the 26th February
deadline.
There is a lot of discretion by the court in small claim such as
these.
The odds of the claimant fulfilling the order are extremely low
and they still have the 3rd April deadline to pay the hearing
fee, which is even less likely to happen, which means that the
claim will be struck out anyway.
#Post#: 57473--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: b789
Date: February 10, 2025, 9:58 am
---------------------------------------------------------
--- Quote from: ChromeX1 link ---
>
> Once submitted, is there anything I need to do?
>
--- End Quote ---
No. However, if the claimant does submit further PoC, when you
receive a copy, show us. If they haven't submitted then by 26th
February, the claim is struck out.
#Post#: 57495--------------------------------------------------
Re: Court Claim - Euro Car Parks Euro Notice from March 2020
(Greengate Manchester)
DIR By: ChromeX1
Date: February 10, 2025, 12:17 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Don't worry to much about the WS filing deadline, It won't
matter too much in this case if the claimant does comply with
the court order and they are required to send you a copy of the
amended PoC which you can then. use to put together a WS once
you receive it, even if they only submit it by the 26th February
deadline.
>
> There is a lot of discretion by the court in small claim such
as these.
>
> The odds of the claimant fulfilling the order are extremely
low and they still have the 3rd April deadline to pay the
hearing fee, which is even less likely to happen, which means
that the claim will be struck out anyway.
>
--- End Quote ---
Thank you - I assume I should still go ahead and submit that
letter and complaint as you've advised above and ignore the WS
requirement until I receive further letters?
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