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#Post#: 67901--------------------------------------------------
Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: bz.08
Date: April 21, 2025, 8:25 am
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So I got a parking ticket in 2021 for allegedly overstaying the
max period in a Sainsbury's car park. I've now received the
claim form and the legal representative is DCB Legal.
The PoC is as follows:
--- Quote ---
> 1. The Defendant (D) is indebted to the Claimant (C) for a
Parking Charge(s) (PC) issued to vehicle XXXXX at Lombardy
Retail Park (1) Hayes.
> 2. The date of contravention is 02/05/2021 and the D was
issued with PC(s) by the Claimant
> 3. The Defendant is pursued as the driver of the vehicle for
breach of the terms on the signs (the contract). Reason: Your
Vehicle Was Parked Longer Than The Maximum Period Allowed
> 4. In the alternative the Defendant is pursued as the keeper
pursuant to POFA 2012, Schedule 4.
>
> AND THE CLAIMANT CLAIMS
> 1. £170 being the total of the PC(s) and damages.
> 2. Interest at a rate of 8% per annum pursuant to s.69 of the
County Courts Act 1984 from the date hereof at a daily rate of
£.04 until judgment or sooner payment.
> 3. Costs and court fees
--- End Quote ---
As it was so long ago, I don't remember the exact details (e.g.
entry/exit times) but the driver would have entered the car park
in order to shop at the supermarket and then somehow overstayed.
I highly doubt the driver used the car park to just leave their
vehicle for a prolonged period. I am the keeper of the car.
What grounds for appeal do I have?
Claim form below:
HTML https://ibb.co/TB8571yR
Google Street View link:
HTML https://tinyurl.com/ymf677dj
#Post#: 67906--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stage
DIR By: DWMB2
Date: April 21, 2025, 8:50 am
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Please read the following post and update your thread
accordingly we can advise - READ THIS FIRST - Private Parking
Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
We could do with seeing the actual claim form with personal
details redacted, in particular so that we can see the relevant
claim dates etc.
#Post#: 67934--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: Charitynjw
Date: April 21, 2025, 11:56 am
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--- Quote from: bz.08 link ---
>
>
> What grounds for appeal do I have?
>
>
--- End Quote ---
Defence, not appeal.
Laches?
(Dependant on the relevant facts).
#Post#: 68023--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: bz.08
Date: April 22, 2025, 6:00 am
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--- Quote from: Charitynjw link ---
>
> [quote author=bz.08 link=topic=6020.msg67901#msg67901
date=1745241947]
>
> What grounds for appeal do I have?
>
>
--- End Quote ---
Defence, not appeal.
Laches?
(Dependant on the relevant facts).
[/quote]
Sorry - I stand corrected.
I had to Google what "Laches" meant but yes it has been very
long (almost 4 years!).
#Post#: 68024--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: DWMB2
Date: April 22, 2025, 6:02 am
---------------------------------------------------------
It's unlikely to be a strong defence on its own - whilst there's
no good reason for them taking as long as they have, they do
ultimately have 6 years to bring a claim. That said, there's a
very good chance we can get this struck out on other grounds.
#Post#: 68067--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: b789
Date: April 22, 2025, 8:17 am
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With an issue date of 16th April, you have until 4pm on Tuesday
6th May to submit your defence. If you submit an Acknowledgement
of Service (AoS) before then, you would then have until 4pm on
Monday 19th 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#: 68451--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: bz.08
Date: April 24, 2025, 8:49 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> With an issue date of 16th April, you have until 4pm on
Tuesday 6th May to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 19th May to submit your defence.
>
> If you want to submit an AoS then follow the instructions in
this linked PDF:
>
> .....
>
>
--- End Quote ---
Beyond buying more time, is there any real benefit to filing an
AoS rather than just going straight to filing a defence?
#Post#: 68454--------------------------------------------------
Re: Sainsbury Car Park (managed by Euro Car Parks) ticket (from
2021) for overstaying reached claim stag
DIR By: b789
Date: April 24, 2025, 8:56 am
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No
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