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#Post#: 48425--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: December 5, 2024, 6:10 am
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DCBL are instructed by their sister company, DCB Legal to try
and recover the money, which is why they have the reference
number in their correspondence.
You are not obliged to disclose your evidence at this stage
simply because the claimant has requested it. Your obligation to
disclose evidence depends on the procedural stage of the case
and any directions issued by the court.
At this stage, the hearing is specifically to determine whether
the default judgment should be set aside. The focus is typically
on whether you have a real prospect of successfully defending
the claim and whether there is a good reason you did not respond
to the claim (obviously, you never received the claim form).
You are only required to provide sufficient evidence to support
your application to set aside (e.g., a witness statement
explaining non-receipt of the claim form, or reasons the claim
might be defended successfully).
Civil Procedure Rules (CPR) do not require you to share all
evidence with the claimant at this stage unless explicitly
directed by the court. You can choose to withhold detailed
evidence of parking payment until later stages of the
proceedings, such as during the defence preparation after the
judgment is set aside.
Ensure all evidence relevant to the set-aside application (e.g.,
proof of non-receipt of the claim form, and any preliminary
defence points like evidence of payment) is submitted to the
court in advance of the hearing or as per the court’s
instructions. Decline to share evidence with the claimant now,
citing the fact that the application for set aside has not yet
been decided, and that disclosure of evidence will follow proper
court procedure if the default judgment is set aside.
You might consider sending the following response to DCB Legal:
--- Quote ---
> Dear DCB Legal,
>
> Thank you for your recent correspondence regarding my
application to set aside the default judgment.
>
> At this stage, the matter before the court relates solely to
the set-aside application. As such, I am not required to
disclose evidence prior to the hearing unless explicitly
directed by the court. I will, however, ensure that the court is
provided with all relevant information to support my
application.
>
> Should the court grant the set-aside application, I will
respond to the claim in full compliance with the Civil Procedure
Rules, including disclosing any evidence required at that stage.
>
> Yours faithfully,
>
>
> [Defendant]
--- End Quote ---
If the set-aside application is granted and the claimant
eventually discontinues the case, you may be able to claim costs
incurred in defending the matter. At the set-aside hearing,
request a costs order against the claimant for the N244
application fee and any reasonable expenses (e.g., loss of
earnings for attending the hearing, printing costs).
If the case proceeds but the claimant discontinues (you can bet
that they will want to once it is defended), you can apply for
costs under CPR 38.6, which allows for costs to be awarded
against a claimant who discontinues.
Should the default judgment be set aside, you should prepare a
strong defence (we can assist). Include evidence of having paid
for parking. Any procedural irregularities in the claimant’s
handling of the case (the PoC in the claim fail to comply with
CPR 16.4). Highlight the claimant’s known history of
discontinuing frivolous claims. Use legal arguments such as
abuse of process (e.g., if their claim includes excessive
charges or if they are deliberately issuing claims where they
know the defendant might not respond).
As the claimant’s solicitor is part of a known bulk litigation
practice, you should consider bringing this to the court’s
attention. Provide evidence of the claimant’s history of
discontinuing cases or issuing speculative claims to pressure
settlements. This would strengthen your argument that the case
lacks merit and that the claimant’s approach is exploitative.
If the claim itself is deemed frivolous or spurious (as you can
demonstrate with your evidence of payment), the court may decide
that the claimant should bear the costs of your N244
application. Even if the claim form was correctly addressed, the
court should consider whether the claimant acted reasonably by
obtaining the default judgment without verifying the defendant’s
position, especially given the long history of correspondence.
The court may view that you had to incur costs unnecessarily
because the claim was not substantiated or was speculative in
nature.
You should clearly show that you did not receive the claim form
(despite it being correctly addressed). You would have responded
if you had received it (supported by your consistent engagement
with prior correspondence).
The claim itself lacks merit, as demonstrated by your evidence
of payment for the parking. At the hearing, you can request that
the court orders the claimant to reimburse the cost of the N244
application and other reasonable expenses (e.g., loss of
earnings for attending the hearing, postage, or printing costs).
Costs are awarded at the court’s discretion, based on the
reasonableness of the claimant’s and defendant’s actions. Your
argument is stronger if you can demonstrate the claim was
unwarranted or lacked merit. You acted reasonably and promptly
in applying for the set-aside. The claimant acted
opportunistically by pursuing the default judgment without
ensuring the claim was necessary.
If the set-aside is granted and the claimant subsequently
discontinues the claim, you can then seek costs under CPR 38.6,
which states that the claimant is liable for costs unless the
court orders otherwise.
So, while the claimant may not have erred in addressing the
claim form, you can still argue that the claim itself was
frivolous and caused unnecessary costs. The court will decide
based on the overall reasonableness of the parties' actions, so
presenting strong evidence and making a clear request at the
set-aside hearing is essential.
Here is a suggested costs application. You can give it to the
judge on the day (prepare a copy for the claimant too) or you
can send it to the court a few days before the hearing (again,
copying in the claimant).
--- 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
>
>
---------------------------------------------------------
>
> COSTS SCHEDULE[/center]
>
> Hearing Date: [Insert Date]
> Prepared By: [Defendant’s Name]
>
> Defendant's Costs of Application to Set Aside Default Judgment
>
> 1. N244 Application Fee
>
> [indent]Amount: £303.00
>
> The court fee paid for filing the application to set aside the
default judgment.[/indent]
>
> 2. Loss of Earnings for Attending Court
>
> [indent]Amount: £[Insert Amount, max £95 under CPR 45.2(1)(d)]
>
> Reimbursement for loss of earnings or leave taken to attend
the hearing. [Optional: Attach supporting evidence, e.g.,
payslip or employer’s letter.][/indent]
>
> 3. Travel Expenses
>
> [indent]Amount: £[Insert Amount]
>
> Cost of traveling to and from the court. [Optional: Include
details of mode of travel and mileage, if applicable.][/indent]
>
> 4. Postage and Printing Costs
>
> [indent]Amount: £[Insert Amount]
>
> Expenses incurred for correspondence and preparation of the
application.[/indent]
>
> Total Amount Claimed: £[Insert Total]
>
>
---------------------------------------------------------
>
> Grounds for Claiming Costs
>
> [indent]• The default judgment was obtained despite the
defendant not receiving the claim form, which is the basis for
this set-aside application.
>
> • The defendant has evidence to show that the claim itself
lacks merit, as payment was made for parking, rendering the
claim unnecessary and spurious.
>
> • The claimant, along with their bulk litigation solicitor, is
known for discontinuing claims that are defended, suggesting
this matter would likely not proceed if the judgment is set
aside.
>
> •The claimant’s approach has caused the defendant to incur
unnecessary costs, including the N244 application fee and
related expenses, in addressing a frivolous and avoidable
claim.[/indent]
>
> Statement of Truth
>
> I believe that the facts stated in this schedule are true and
that the costs claimed have been reasonably incurred.
>
> Signed: [Defendant’s Name]
>
> Date: [Insert Date]
--- End Quote ---
#Post#: 48428--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: December 5, 2024, 6:16 am
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Thanks very much for this. I will now prepare my letter/ defence
argument which if you don't mind I shall share?
#Post#: 55800--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: January 30, 2025, 2:53 am
---------------------------------------------------------
OK, so yesterday I received my date for the court hearing at
Chelmsford, which is next Monday 3rd February at 2.10pm. I have
written a note for my defence to read out in court. Would
appreciate any views. I will also print and take evidence of
parking and other salient bits and pieces incase needed.
Would also appreciate any information about how this session is
likely to go please.
Thanks in advance.
[attachment deleted by admin]
#Post#: 55820--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: January 30, 2025, 5:28 am
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You must get the claimants name/details correct. They are "Euro
Car Parks Ltd"... NOT "Euro Parks".
Make sure you give the costs schedule to the judge when you go
in to the hearing.
Let us know how it goes and please provide a report on it with
detail such as who, if anyone showed up to represent the
claimant. Who the judge is. How the hearing progressed and of
course the outcome.
There was an appeal case that was won, just a few days ago (28th
January) which would have a persuasive reason for the judge to
strike out the original claim but, unfortunately, I don't yet
have the transcript. It was before Her Honour Judge Brownhill at
Winchester County Court. It was over a dispute that arose when
Euro Parking Services Ltd issued a £100 parking charge at The
Climbing Academy on March 18, 2023. The vehicle was present for
only 19 minutes, and the £1.40 parking fee was paid shortly
after leaving the site. The case progressed to Swindon County
Court, where District Judge Hatvani initially found in favour of
the parking operator.
Permission to appeal was granted by HHJ Brownhill on December 6,
2023, on three grounds, with a stay of execution ordered pending
the appeal hearing. The judge found real prospects of success on
grounds 1, 2, and 4. The most important ones with regard to your
case are grounds #1 and #2,
Ground 1: No Loss Suffered
The appeal successfully argued that the District Judge erred in
finding that the operator had suffered a loss. This ground is
particularly significant as it clarifies that parking operators
must demonstrate actual loss, especially in cases where:
- The parking fee was paid
- The vehicle remained within the permitted time limit
Ground 2: Ambiguous Terms
The court accepted that the terms relied upon by Euro Parking
Services were ambiguous and had not been properly pleaded in
their statement of case. This ground reinforces the requirement
for parking operators to:
- Clearly specify terms in their statement of case
- Ensure terms are unambiguous
- Present clear evidence of contractual formation
Whilst you did not receive the statement from case (the claim
form), but now having received a copy of it from there claimants
solicitor, it is evident that the claim has not been properly
pleaded and fails to comply with CPR 16.4.
unfortunately, I don't even have a case number to reference but
depending on how confident you are in speaking up for yourself
at the hearing, you could mention this case simply referencing
the appeal judge, location and date and to ask for the original
claim to be struck out and costs awarded to you.
#Post#: 56425--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: February 3, 2025, 12:37 pm
---------------------------------------------------------
Afternoon all. Today was our Set-Aside court hearing. My dad
offered to speak on my behalf but the usher refused. They also
refused to accept The Payment Schedule for costs. Never mind.
Into the court, and the judge let my dad and a Citizens Advice
volunteer sit with us. Euro Car Parks were NOT represented at
all. The judge looked through our set aside application and said
he had everything except our evidence of payment (he did) so
asked if we had a copy. We did and supplied it to him. At this
point things went badly for Euro Parks!
He berated them for not turning up, then stated he'd seen a host
of these in the last five years that should never have made it
there. Not only did he agree the set aside, but he also
dismissed the case entirely. He asked about the payment
schedule. So we told him about the fee for the set aside, the
loss of earnings and travel expenses. He then said he was
ordering Euro Parks to pay £428 by 17 February and to issue an
apology. He apologised that they had wasted our time and thanked
us for attending and providing the evidence he needed. He
concluded by wishing me and my dad a very good day. I think we
can call that victory.
Thanks to everyone for their comments and guidance on the way.
I'm very happy.
#Post#: 56434--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: DWMB2
Date: February 3, 2025, 1:18 pm
---------------------------------------------------------
About as good a result as you could have hoped for, great stuff,
and good to see a judge with little time for Euro Car Parks'
nonsense.
#Post#: 56468--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: b789
Date: February 3, 2025, 4:33 pm
---------------------------------------------------------
Thank you for that report. Can you tell who the judge was and
which court. Was there no one there to represent ECP or did hey
send a local rent-a-legal? If so, did they try and request leave
to appeal?
It is good to know that more and more judges are catching on to
the systematic abuse by these rogue parking companies.
Great news that you had your costs awarded.
#Post#: 56471--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: February 3, 2025, 4:48 pm
---------------------------------------------------------
I'm afraid I didn't catch the judges name, but no doubt it will
be on the formal decision when it arrives. I'll post it then.
The case was heard in Chelmsford County Court. ECP was not
represented at all, which I think really cheesed the judge off
from the start. He was not very amused at all once he saw the
parking evidence.
Thanks again for your support
#Post#: 58174--------------------------------------------------
Re: Debt Collector chase after N244
DIR By: Fatcockney
Date: February 14, 2025, 5:13 pm
---------------------------------------------------------
Letter arrived today. For reference it was Deputy District Judge
Livesley who provided such a superb verdict. It just confirms
two statements.
1. The judgement is hereby set aside.
2. The claim be dismissed asd the defendant produced evidence of
payment.
The rest was about costs which are due to be paid on Monday.
I suspect I won't be getting that as adjudged.
Regards
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