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#Post#: 44452--------------------------------------------------
Please help. Received a claim form from court
DIR By: suziebear
Date: November 7, 2024, 2:27 pm
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Hi everyone. I need some advice please. I have always ignored
like you advise private parking charges and never had any
issues. Today I received a claim form from court for my parking
3 years ago. I basically parked for longer than allowed at a
shopping carpark. The company is Euro Car Parks Ltd and
documents to be sent to DCB Legal Ltd. The claim form is asking
for 305.08 now in all fairness because it was back in June 2021
I can’t remember the original cost. It’s quite a sad story
really I was taking my elderly mum to opticians to have her eyes
tested for new glasses as she was due to have bowel cancer
surgery in June 2021 and had no proper glasses. Whilst there I
also had my eyes tested and as mums mobility is terrible we
outstayed the car parking time. She does have disability badges
if you think that will help for this claim. I’m absolutely
gobsmacked they have taken me to court. Please can someone
advise me I’d be ever so grateful.
Thanks Sue
[attachment deleted by admin]
#Post#: 44456--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: DWMB2
Date: November 7, 2024, 2:48 pm
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Sorry to hear about your mother.
--- Quote from: suziebear link ---
>
> I have always ignored like you advise private parking charges
and never had any issues.
>
--- End Quote ---
Before we get into the specifics of this case... I'm not sure
who 'you' refers to here, but neither this forum, nor PePiPoo,
its predecessor, have advised ignoring private parking charges
in England and Wales for well over 10 years now.
The good news is that, while we cannot offer any guarantees, a
solid pattern of behaviour has emerged with DCB Legal where,
provided a defence is mounted, they inevitably discontinue
before the matter reaches a court hearing. For some evidence of
this pattern, look here: DCB LEGAL RECORD OF PRIVATE PARKING
COURT CLAIM DISCONTINUATIONS
HTML https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations
The first thing you need to do, is acknowledge service of the
claim, using the MCOL online system. When you do this, leave the
defence box entirely blank. This will be submitted by email
later.
#Post#: 44464--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: suziebear
Date: November 7, 2024, 3:05 pm
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Thank you for your speedy reply. Ok so I’ll log in online and
acknowledge receipt but at what point do I file my defence. I
wanted to show them proof I was at opticians. Which I do have
proof. Proof of mums cancer hospital letter and proof she owns a
disabled badge. Or do you think my evidence is a waste of time.
Thanks
#Post#: 44496--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: roythebus
Date: November 7, 2024, 8:22 pm
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Just follow the excellent advice. Presumably you are the
registered keeper? there is no requirement to name the driver.
More advice will be along when the sun rises!
#Post#: 44532--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: suziebear
Date: November 8, 2024, 5:09 am
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Thanks. I’m just acknowledging now do I tick the box that says
defend all of this claim or I intend to contest jurisdiction? I
have to choose one?
Many thanks
#Post#: 44535--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: DWMB2
Date: November 8, 2024, 5:15 am
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Defend all.
You are not contesting jurisdiction - that's for cases where,
for example, you don't live in England or Wales.
#Post#: 44540--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: suziebear
Date: November 8, 2024, 5:23 am
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Thanks so much. I’ve done that now. What’s next? I really
appreciate this help I’m getting off you. Shall I start getting
my evidence of disabled badge and spec savers visit?
#Post#: 44558--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: b789
Date: November 8, 2024, 5:54 am
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I hope you followed all the advice on submitting your AoS as per
this document:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Before you try to dig a hole and tell your story in your
defence, consider the following points:
Check the date that the Particulars of Claim (PoC) say the PCN
was issued. Note that a PCN cannot be issued on the same day of
the alleged breach of contract. ECP would have to make a request
to the DVLA to get the Keepers details which cannot happen on
the same day.
So... is the date they say the PCN was issued the date of the
alleged breach or is it the date they actually issued the Notice
to Keeper (NtK)?
That is the first breach of the Civil Procedure Rules (CPR 16.4)
in their PoC.
They refer to a "contract" that has been breached. Is the
contract they refer to, detailed or attached as required under
CPR PD 16(7.5)?
Second breach of the CPRs.
Do the PoC state the exact wording of the clause (or clauses) of
the terms and conditions of the contract which is relied on?
Do the PoC 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?
Do the PoC state exactly how the claim for statutory interest is
calculated?
Do the PoC state what proportion of the claim is the parking
charge and what proportion is damages?
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.
So, think about this... if you know nothing at all about the PCN
before the claim arrived, would you be able to plead a defence
based on the information provided in the PoC? I doubt it and
therefore, the PoC are woefully inadequate and breach CPR 16.4.
The following is the suggested defence you should submit
together with a draft order. You only need edit your name, the
claim number and then sign the defence by typing your full name
for the signature and dating it. There is nothing to edit in the
draft order.
Both documents should be saved in PDF format and attached to an
email addressed to claimresponses.cnbc@justice.gov.uk and CC in
yourself. The claim number must be included in the email subject
field and you put the following in the body of the email:
"Please find attached the defence and accompanying draft order
in the matter of Euro Car Parks Ltd v [your full name] Claim
No.: [claim number]".
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> Euro Car Parks 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 clearly 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 exactly how the claim for statutory
interest is calculated;
>
> (f) The PoC do not state what proportion of the claim is the
parking charge 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 ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=i2yevzab&dl=0
#Post#: 44609--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: suziebear
Date: November 8, 2024, 10:26 am
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Oh wow thank you so much. Shall I do this today on same day as
acknowledging them or shall I wait? Going to have a go now of
downloading the files from drop box.
#Post#: 44618--------------------------------------------------
Re: Please help. Received a claim form from court
DIR By: suziebear
Date: November 8, 2024, 10:51 am
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Please can I have the link for the first defence as there is
only one link for the draft order. Or shall I just type it out
again? I’m so sorry I’m being a nuisance.
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