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#Post#: 57323--------------------------------------------------
N1sdt form DCB Legal eurocarparks
DIR By: David29386
Date: February 9, 2025, 2:41 pm
---------------------------------------------------------
Hi all,
I got this letter and obviously it looks very serious. I was
absolutely anxious but then did a lot of research and I think
I'm somewhat certain of what to do next but need specific advice
please? Apologies if I'm repeating what others already have.
Long story short, I don't remember the circumstances surrounding
the ticket and I am fairly certain that day the car park machine
wasn't working and the guy told me to leave a note.
Unfortunately I don't have any evidence. I'm sure I was there
less than 1 hour so about £2.50. I ignored all of the other
letters which i probably shouldn't have.
From what I'm reading, most likely this would be discontinued
but I want to fight it even if it goes to court because well,
why not? I'm already being asked to pay an extortionate fee.
Part of the reason why my memory of this is a blur is because it
was during covid time. I lost my father at the time and I really
was all over the place.
I also changed car so that vehicle no longer belongs to me (not
that it matters.
Am I correct in assuming I just complete the AoS form only?
Should I post it? Email it?
[attachment deleted by admin]
#Post#: 57882--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: DWMB2
Date: February 12, 2025, 4:13 pm
---------------------------------------------------------
Welcome.
--- Quote from: David29386 link ---
>
> Am I correct in assuming I just complete the AoS form only?
>
--- End Quote ---
Yes, for now.
--- Quote from: David29386 link ---
>
> Should I post it? Email it?
>
--- End Quote ---
Neither. The form includes instructions on registering for the
online service (MCOL) - on there you can acknowledge service
online. There's a guide to doing so here:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Once you have done that let us know and we can advise on
defence.
#Post#: 57898--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: b789
Date: February 12, 2025, 7:07 pm
---------------------------------------------------------
With an issue date of 6th February, you have until 4pm Tuesday
25th February to submit your defence. If you submit an AoS
before that date, you would then have until 4pm on Tuesday 11th
March to submit your defence.
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 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#: 58357--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: David29386
Date: February 16, 2025, 9:00 am
---------------------------------------------------------
Thank you very much.
So I've submitted the AoS for more time. See attached.
I will submit the defence next week based on your post. Once
again thank you.
Also, am I correct in not ticking the i intend to contest
jurisdiction? I read somewhere this needs to not be ticked.
[attachment deleted by admin]
#Post#: 58362--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: b789
Date: February 16, 2025, 9:29 am
---------------------------------------------------------
Do you reside in Scotland? If not then you do not need to
contest jurisdiction.
Why are you filling out the paper AoS? DO to touch the forms
that came with the claim. You should be following the
instructions on how to submit the AoS, if you need to submit
one, otherwise, you simply submit the Defence as provided with
the instructions.
Everything is done electronically. Do not use paper forms for
anything. AoS by MCOL... if you need extra time, otherwise the
defence is sent by email.
#Post#: 58363--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: David29386
Date: February 16, 2025, 9:32 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Do you reside in Scotland? If not then you do not need to
contest jurisdiction.
>
> Why are you filling out the paper AoS? DO to touch the forms
that came with the claim. You should be following the
instructions on how to submit the AoS, if you need to submit
one, otherwise, you simply submit the Defence as provided with
the instructions.
>
> Everything is done electronically. Do not use paper forms for
anything. AoS by MCOL... if you need extra time, otherwise the
defence is sent by email.
>
--- End Quote ---
Hi there.
Sorry i didn't make it clear. I did the AoS it online. That's
the pdf it gave me at the end of the process.
I will submit the defence online also as advised.
Thanks appreciate it
#Post#: 58418--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: DWMB2
Date: February 16, 2025, 3:03 pm
---------------------------------------------------------
To be clear, the defence is submitted by email, not MCOL
#Post#: 58419--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: David29386
Date: February 16, 2025, 3:07 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> With an issue date of 6th February, you have until 4pm Tuesday
25th February to submit your defence. If you submit an AoS
before that date, you would then have until 4pm on Tuesday 11th
March to submit your defence.
>
> 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 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
[/quote]
Quick question, the defence draft order you added, which stage
would that be used? I get the defence statement template bit but
not the draft order attached. Sorry for asking a silly question.
#Post#: 58420--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: DWMB2
Date: February 16, 2025, 3:12 pm
---------------------------------------------------------
That is attached alongside the defence, as stated in point #4 of
the defence.
#Post#: 58422--------------------------------------------------
Re: N1sdt form DCB Legal eurocarparks
DIR By: David29386
Date: February 16, 2025, 3:14 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> That is attached alongside the defence, as stated in point #4
of the defence.
>
--- End Quote ---
Amazing thank you
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