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#Post#: 67622--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: DWMB2
Date: April 18, 2025, 3:51 am
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I have very little knowledge of the council process but a
Warrant of Control may give them the right to seize your goods.
You may be sensible to post about that notice in the council
section of this forum.
Simply passing on details of the new keeper may not be enough.
#Post#: 67623--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: Sue786
Date: April 18, 2025, 4:03 am
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Thank you for your advice i will do so now, happy easter
#Post#: 67632--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: H C Andersen
Date: April 18, 2025, 6:53 am
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[member=103]DWMB2[/member], good advice.
OP, this Notice of Enforcement gives the addressee 7 clear days
to pay the debt beginning on the date of service. So there is
time, but not much.
#Post#: 72865--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: Albert Ross
Date: May 22, 2025, 3:27 pm
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Take down the first page with the password and redact that.
you have a few days to acknowledge the claim and to defend in
full but do not put anything into the defence, which will be
completed with assistance of others here.
#Post#: 72868--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: Sue786
Date: May 22, 2025, 3:49 pm
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Hi,
Thank you for your reply.
I dont understand what password to redact i have looked at all
the pages and cant see a password ?
#Post#: 72873--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: pirell
Date: May 22, 2025, 5:35 pm
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--- Quote from: Sue786 link ---
>
> Hi i have received a letter from HM courts and tribunal
service, please advice what i should do next
>
--- End Quote ---
Hi Sue, your password is on the second image, that's what should
be redacted, as well as the Claim number.
I have the exact same form arrive today, for a DCBL claim too.
This this fine was sent for allegedly spending more than the
allocated time in the petrol station whilst i waited to wash my
car.
I will wait for the advice given to you. Although i have
submitted my AOS.
#Post#: 72875--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: DWMB2
Date: May 22, 2025, 5:39 pm
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I've deleted your posts with the password showing. Below is the
page we need to see, with relevant info redacted:
HTML https://i.imgur.com/96DE8Ez.jpeg
#Post#: 72877--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: b789
Date: May 22, 2025, 10:33 pm
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With an issue date of 20th May, you have until 4pm on Monday 9th
June to submit your defence. If you submit an Acknowledgement of
Service (AoS) before then, you would then have until 4pm on
Monday 23rd June to submit your 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 combine both documents as a single PDF
attachment and send as an attachment 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 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 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#: 73073--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: Sue786
Date: May 24, 2025, 8:59 am
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Thank you for your time i really appreciate it appreciate it, i
have sent the email over with the defence and draft
Have a great bank holiday weekend
Sue
#Post#: 73106--------------------------------------------------
Re: DCBL notice of intended legal action
DIR By: Sue786
Date: May 24, 2025, 1:02 pm
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Sorry, i have received another letter just this afternoon from
DCB legal. Just wanted to add that on here just incase it’s
relevant
[attachment deleted by admin]
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