DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 67756--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: April 19, 2025, 12:04 pm
---------------------------------------------------------
Hello,
I hope you had a nice break.
A couple of developments, which I should have updated you on
earlier but
1. I was wondering if they mays send a response by post and they
only replied to my email.
2. My children have been very unwell and this is my pathetic
excuse.
3. I didn’t want to trouble you while away - though I’m still
late!
Attached is the response from them rejecting the letter I sent
which you kindly drafted.
The driver also received a claim form from DCB Legal on 10 April
25 - do I also upload this? The driver will need to respond by
24 April - so this Thursday.
Any and all help would be greatly appreciated. I’m very happy to
say thank you in wine!
HTML https://i.postimg.cc/RqZxczrD/IMG-7713.jpg
HTML https://postimg.cc/RqZxczrD
HTML https://i.postimg.cc/jDNpsxNL/IMG-7714.jpg
HTML https://postimg.cc/jDNpsxNL
HTML https://i.postimg.cc/jLGV0wDp/IMG-7715.jpg
HTML https://postimg.cc/jLGV0wDp
#Post#: 67758--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: April 19, 2025, 12:11 pm
---------------------------------------------------------
I’ve uploaded the claim form documents sent to the driver below
- if that’s of any help. Thank you very much!
HTML https://i.postimg.cc/XXTfFdX1/IMG-7716.jpg
HTML https://postimg.cc/XXTfFdX1
HTML https://i.postimg.cc/CZ1B9xzf/IMG-7717.jpg
HTML https://postimg.cc/CZ1B9xzf
HTML https://i.postimg.cc/qNr2Drs8/IMG-7718.jpg
HTML https://postimg.cc/qNr2Drs8
HTML https://i.postimg.cc/9DBZvkbs/IMG-7719.jpg
HTML https://postimg.cc/9DBZvkbs
HTML https://i.postimg.cc/YLgm8Djn/IMG-7720.jpg
HTML https://postimg.cc/YLgm8Djn
HTML https://i.postimg.cc/VSGMNb3R/IMG-7721.jpg
HTML https://postimg.cc/VSGMNb3R
HTML https://i.postimg.cc/k27tFcCs/IMG-7722.jpg
HTML https://postimg.cc/k27tFcCs
#Post#: 67777--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: b789
Date: April 19, 2025, 1:12 pm
---------------------------------------------------------
We only need to see the N1SDT Claim Form. You can delete the
other forms and dispose of the physical ones.
The response from ECP is riddled with evasions, falsehoods, and
a deliberate misreading of the Equality Act 2010. Their reply is
not only factually incorrect but potentially discriminatory in
law.
False Claim About the Equality Act
ECP says:
[indent]“Under the Equality Act 2010, public authorities are
required to comply with the public sector equality duty, whereas
private entities are not.”[/indent]
This is legally false and misleading. Section 29(1)–(7) of the
Equality Act 2010 does apply to private companies, including
parking firms.
The duty to make reasonable adjustments is not limited to public
bodies. The public sector equality duty (s.149) is separate from
the individual duties owed to disabled service users under
s.20–21.
Mischaracterising the Role of the Blue Badge
ECP parrots standard nonsense about Blue Badges not applying in
private car parks. That misses the point entirely.
You are not claiming a badge exemption. You are invoking a
disability-related inability to comply with the contract at all,
due to a flare-up of a chronic medical condition. The driver’s
disability directly prevented timely compliance, and that is
what triggers the Equality Act duty — not the presence or
absence of a badge.
Refusal to Engage Post-Debt Referral
[indent]“Once the debt is transferred to a collection agency,
any further correspondence must be directed to them…”[/indent]
This is plainly mendacious.
ECP remains the data controller and principal.
The obligation to consider a request for a reasonable adjustment
cannot be delegated to a third party. BPA rules (PPSCoP §11.2)
make clear that a complaint must still be addressed.
Misstatement of Appeal Deadline
ECP again insists the appeal was late based on the NtK issue
date, not the date of presumed service. Under PoFA Schedule 4
para. 9(5), a 28-day deadline begins after the notice is given —
that is, two working days after posting, not from the issue date
itself.
So, you respond to ECP with the following:
--- Quote ---
> Subject: Escalated Complaint – Equality Act Discrimination and
Misrepresentation
>
> PCN Reference: 88887437223
>
> Dear Euro Car Parks,
>
> Thank you for your response dated 4 April 2025. I must raise
serious concerns regarding the content of your reply, which
contains multiple factual and legal inaccuracies.
>
> Firstly, your claim that the Equality Act 2010 does not apply
to private companies is entirely incorrect. Sections 29(1) to
(7) of the Act apply to all service providers, including private
parking operators. You have a legal duty to avoid discrimination
and to make reasonable adjustments for disabled individuals.
>
> Secondly, your comments about the Blue Badge are irrelevant to
the basis of my representation. I did not claim special parking
privileges based on the badge. I explained that I am disabled
and that the overstay occurred because I was physically unable
to return to my vehicle on time due to a medical issue related
to my disability. The Blue Badge was simply provided as evidence
of my status as a disabled person.
>
> Thirdly, your refusal to deal with my representation on the
grounds that the matter has been passed to a debt recovery agent
is both procedurally and legally flawed. You remain responsible
as the data controller and principal. The duty to consider a
complaint about disability discrimination is not something you
can outsource.
>
> Fourthly, your repeated assertion that my appeal was out of
time is inaccurate. The Protection of Freedoms Act 2012 states
that the 28-day period begins after the notice is “given,” which
is defined as two working days after posting, not the issue date
printed on the letter.
>
> Since your response, I have received and been served with a
County Court claim form issued on 10 April 2025. Therefore, this
matter has now entered litigation. You are formally advised that
this correspondence, including your reply dated 4 April and my
response here, will be relied upon as evidence in support of the
defence, and if necessary, in support of any counterclaim or
application for costs under CPR 27.14(2)(g) due to your
unreasonable behaviour.
>
> Your failure to acknowledge or apply your statutory duties
under the Equality Act 2010, your refusal to consider a
disability-related representation, and your repeated
misstatements of legal obligations will be fully raised in
court.
>
> Yours sincerely,
>
> [Name]
> [Address]
--- End Quote ---
Now, regarding the Claim form...
With an issue date of 10th April, you have until 4pm on Tuesday
29th April to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 13th May 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#: 67858--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: April 20, 2025, 3:42 pm
---------------------------------------------------------
Thank you so much for your assistance with this and for also
clarifying the deadlines - which I got wrong.
I will send the response you drafted to ECP - it’s rather
appalling just how much they will flout the law, especially with
regards to disabled drivers, but I shouldn’t be surprised.
With regards to the claim form. Is there any benefit of
submitting an AoS or do people simply do it because it gives
them more time
to build a defence? (Time which I don’t need because you have
kindly drafted the defence)
Thank you again for all your assistance and hard work - it’s
hugely appreciated
Will delete/bin the documents you mentioned also.
#Post#: 67863--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: DWMB2
Date: April 20, 2025, 4:25 pm
---------------------------------------------------------
There's neither an advantage nor disadvantage to filing an AoS
before submitting the defence, unless you specifically need more
time for one reason or another.
#Post#: 67870--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: H C Andersen
Date: April 21, 2025, 2:51 am
---------------------------------------------------------
The LoC particulars are flawed because there is NO power 'in the
alternative' to hold the keeper liable because the creditor was
made aware of 'the name and current address for service for the
driver' prior to commencing legal proceedings.
PoFA has nothing to do with their claim.
OP, the issue of addresses is a non-issue from what I can see
because they obtained the RK's details as required in the first
instance and then used the address of the driver once you had
identified yourself as such. At that time, you had updated DVLA.
This is coincidental. They used your address as driver which, of
course, was your new RK address.
Which IMO is just as well because your defence relies upon the
situation of the driver
IMO, this is a straightforward case of a claim in respect of an
acknowledged breach. As I read this you're now engaged in
extra-procedural correspondence in an effort to get the claimant
to withdraw their claim. You might succeed.
But the legal process is for the court to decide.
IMO, the proposed draft order does not accurately reflect your
situation i.e. you have acknowledged being the driver and being
fully aware of the parking terms.
Some thoughts.
#Post#: 71183--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: May 13, 2025, 3:42 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> The LoC particulars are flawed because there is NO power 'in
the alternative' to hold the keeper liable because the creditor
was made aware of 'the name and current address for service for
the driver' prior to commencing legal proceedings.
>
> PoFA has nothing to do with their claim.
>
> OP, the issue of addresses is a non-issue from what I can see
because they obtained the RK's details as required in the first
instance and then used the address of the driver once you had
identified yourself as such. At that time, you had updated DVLA.
This is coincidental. They used your address as driver which, of
course, was your new RK address.
>
> Which IMO is just as well because your defence relies upon the
situation of the driver
>
> IMO, this is a straightforward case of a claim in respect of
an acknowledged breach. As I read this you're now engaged in
extra-procedural correspondence in an effort to get the claimant
to withdraw their claim. You might succeed.
>
> But the legal process is for the court to decide.
>
> IMO, the proposed draft order does not accurately reflect your
situation i.e. you have acknowledged being the driver and being
fully aware of the parking terms.
>
> Some thoughts.
>
--- End Quote ---
Hello, sorry for such a tardy response. We submitted an AoS
because we were short on time and today I thought I would simply
copy and paste the defence above, but I’ve only just seen your
comment here.
Thank you for your thoughts - are you suggesting that the
defence needs adjusting or is lacking because it doesn’t
acknowledge my direct communication with ECP?
For some reason I’m not getting notifications about replies.
Many thanks
Charlotte
#Post#: 71186--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: DWMB2
Date: May 13, 2025, 3:59 am
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
> IMO, the proposed draft order does not accurately reflect your
situation
>
--- End Quote ---
The draft order accompanying the defence makes 3 key points:
- That the PoC are not compliant with 16.4 of the CPR
- That the claimant could have complied with 16.4 of the CPR but
failed to do so
- That the small value of the claim doesn't merit an order for
further PoC to be submitted, using further court time/resource
Which of these 3 points do you believe are not applicable to
this case?
elderberrytree - practically, the outcome is likely to be the
same regardless of what defence you choose to submit. The one
proposed by b789 nearly always works with DCB Legal cases,
leading to the case being discontinued.
--- Quote ---
>
> For some reason I’m not getting notifications about replies.
--- End Quote ---
If you scroll to the bottom of the thread, there should be a
series of buttons at the bottom right, hit 'Notify'
HTML https://i.imgur.com/kY10whz.png
#Post#: 71189--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: elderberrytree
Date: May 13, 2025, 4:04 am
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=H C Andersen link=topic=5651.msg67870#msg67870
date=1745221895]
> IMO, the proposed draft order does not accurately reflect your
situation
>
--- End Quote ---
The draft order accompanying the defence makes 3 key points:
- That the PoC are not compliant with 16.4 of the CPR
- That the claimant could have complied with 16.4 of the CPR but
failed to do so
- That the small value of the claim doesn't merit an order for
further PoC to be submitted, using further court time/resource
Which of these 3 points do you believe are not applicable to
this case?
elderberrytree - practically, the outcome is likely to be the
same regardless of what defence you choose to submit. The one
proposed by b789 nearly always works with DCB Legal cases,
leading to the case being discontinued.
--- Quote ---
>
> For some reason I’m not getting notifications about replies.
--- End Quote ---
If you scroll to the bottom of the thread, there should be a
series of buttons at the bottom right, hit 'Notify'
HTML https://i.imgur.com/kY10whz.png
[/quote]
Many thanks for the clarification on this!
Yes have the ‘notify me’ option on, but perhaps some technical
issue at my end. Thank you again.
#Post#: 71200--------------------------------------------------
Re: DCB Legal letter after PCN sent to wrong address - Colliers
Wood
DIR By: DWMB2
Date: May 13, 2025, 5:02 am
---------------------------------------------------------
You may need to check your spam, some providers are prone to
miscategorising this site's emails.
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page