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#Post#: 74270--------------------------------------------------
ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: June 2, 2025, 5:07 am
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As I fought another DCB clam last year, I'm aware that if the
correct process is followed then they will pull out shortly
before their court fee becomes payable. With this in mind, I am
keen to make sure I do everything correctly from the start.
A few things to mention:
- This was in an abandoned industrial estate with all the
businesses closed for some months
- As such there was no possible way a person could park in
accordance with the Ts&Cs as those require the user to be a
customer of one of the businesses
- There was a gate that would have prevented entry, however this
is always left open (my point being that if they truly wanted to
stop people parking there, they could have just closed off the
car park. Clearly a money making "scheme")
- The car was inside the car park for a total for 11 minutes
Now for the paperwork:
HTML https://i.ibb.co/VWKmxRGs/1.jpg
HTML https://i.ibb.co/JW9qMc6s/2.jpg
HTML https://i.ibb.co/cKpzBC96/3.jpg
HTML https://i.ibb.co/3ms2RFnS/5.jpg
HTML https://i.ibb.co/67f98TG5/6.jpg
HTML https://i.ibb.co/Z7Zgh2k/7.jpg
HTML https://i.ibb.co/s9228RBr/8.jpg
- I believe all I need to do at this point is acknowledge
service?
- I do have a MCOL account
- What will be the next date when action is needed, or will this
become clear later?
Thanks for your help.
#Post#: 74278--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: jfollows
Date: June 2, 2025, 5:29 am
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The original PCN?
#Post#: 74332--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: June 2, 2025, 10:30 am
---------------------------------------------------------
This was two years ago, so I am not sure I have it. Is this
strictly necessary at this point? Presumably they will have to
submit it in their evidence bundle. Thanks
#Post#: 74439--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: b789
Date: June 2, 2025, 7:01 pm
---------------------------------------------------------
With an issue date of 28th May, you have until 4pm on Monday
16th June to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 30th 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#: 74743--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: June 4, 2025, 8:18 am
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Thanks for your help once again. Just to be 100% sure, for the
second option, when you say "combine both documents" you mean
the (personalised) document above starting "IN THE COUNTY COURT"
and the linked Draft Order for Defence, is that right?
Much appreciated!
#Post#: 74762--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: b789
Date: June 4, 2025, 9:39 am
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Yes
#Post#: 74878--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: June 5, 2025, 3:34 am
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Thanks, the defence has been submitted as advised.
#Post#: 81900--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: July 21, 2025, 6:25 am
---------------------------------------------------------
I've just received a package from DCB containing:
- A letter stating that their client intends to proceed
- A pre-filled N180 that they want me to fill in. They have
checked "suitable for remote hearing" and "hear in claimant's
home court"
Just to check that, as I believe, this is a fiendish attempt to
get me to remove my right to a personal hearing in my own court.
I believe I should ignore this and wait for something from the
actual court?
Thanks
#Post#: 81903--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: jfollows
Date: July 21, 2025, 6:28 am
---------------------------------------------------------
You send in your own N180 in due course, and your choices in
that trump theirs. You do it online downloading a blank form.
--- Quote ---
> Having received your own N180 (make sure it is not simply a
copy of the claimants N180), do not use the paper form. Ignore
all the other forms that came with it. you can discard those.
Download your own here and fill it in on your computer. You sign
it by simply typing your full name in the signature box.
>
>
HTML https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
>
> Here are the answers to some of the less obvious questions:
>
> • The name of the court is "Civil National Business Centre".
>
> • To be completed by "Your full name" and you are the
"Defendant".
>
> • C1: "YES"
>
> • D1: "NO". Reason: "I wish to question the Claimant about
their evidence at a hearing in person and to expose omissions
and any misleading or incorrect evidence or assertions.
> Given the Claimant is a firm who complete cut & paste parking
case paperwork for a living, having this case heard solely on
papers would appear to put the Claimant at an unfair advantage,
especially as they would no doubt prefer the Defendant not to
have the opportunity to expose the issues in the Claimants
template submissions or speak as the only true witness to events
in question.."
>
> • F1: Whichever is your nearest county court. Use this to find
it:
HTML https://www.find-court-tribunal.service.gov.uk/search-option
>
> • F3: "1".
>
> • Sign the form by simply typing your full name for the
signature.
>
> When you have completed the form, attach it to a single email
addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk
and CC in yourself. Make sure that the claim number is in the
subject field of the email.
--- End Quote ---
#Post#: 81917--------------------------------------------------
Re: ECP / DCB Court Claim - Advice Appreciated
DIR By: dave-o
Date: July 21, 2025, 7:59 am
---------------------------------------------------------
Presumably the court will contact me to ask for this though
right?
Surely the onus can't be on the claimant to tell the defendant
what to do?
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