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#Post#: 74303--------------------------------------------------
Euro Car Parks (DCB Legal) Court Claim for unpaid PCN
DIR By: AndyT008
Date: June 2, 2025, 7:58 am
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Hello – hoping you can provide advice on what a suitable defence
might be for this particular parking case.
1. The driver parked a vehicle in a car park operated by Euro
Car Parks.
2. The car park signage advertised 2 hours free parking.
3. The driver exited the car park 2 hours and 10 minutes later.
4. ECP issued a PCN for £100 in October 2023 which remains
unpaid.
5. The reason given for the PCN was ‘The vehicle was parked
without a valid Pay by
Phone transaction’.
6. ECP have now made a Court Claim for £277 (DCB Legal appear to
be handling the `claim for ECP).
7. The defendant named in the Claim is the Registered Keeper of
the vehicle.
8. The defendant has submitted the ‘acknowledgment of service’
for the Claim and will provide a defence. It is the content of
that defence I am hoping you can help with?
Attachments
a) ECP Notice to Keeper (& PCN)
b) ECP Court Claim
c) Car park signage – 2 hours free parking
[attachment deleted by admin]
#Post#: 74315--------------------------------------------------
Re: Euro Car Parks (DCB Legal) Court Claim for unpaid PCN
DIR By: JustLoveCars
Date: June 2, 2025, 9:04 am
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--- Quote from: AndyT008 link ---
>
> 3. The driver exited the car park 2 hours and 10 minutes
later.
>
--- End Quote ---
To be precise the car entered and left with a duration of 2
hours 10 minutes and 13 seconds.
Whilst the PCN says '2 hours 10 minutes' it was those 13 seconds
that triggered the PCN. (As they have to give 10 minutes grace
period after an allowed period of parking - and, boy, not a
second more...)
There are some arguments that the parking (with grace) did not
exceed the allowed period, however I believe there's a more
generic way of dealing with these claims now that see good
chances of discontinuing the claim. (Wait for others to post)
Although, arguably the grace period is to provide all necessary
allowances.
However, where any appeals made or was it ignored?
#Post#: 74323--------------------------------------------------
Re: Euro Car Parks (DCB Legal) Court Claim for unpaid PCN
DIR By: AndyT008
Date: June 2, 2025, 9:37 am
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Thank you 'just love cars' for your reply.
To answer your question - NO: no appeals were made because the
PCN went to a previous address. I moved address literally 2 days
after the date that the parking took place. Only got the PCN
several months later when I visited the previous address and the
new tenant handed over some old mail.
#Post#: 74438--------------------------------------------------
Re: Euro Car Parks (DCB Legal) Court Claim for unpaid PCN
DIR By: b789
Date: June 2, 2025, 6:56 pm
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So, did you receive a Letter of Claim (LoC) from DCB Legal and,
if you did, did you respond to it? Was the N1SDT Claim sent to
your current address or the old address? Did you send a data
rectification notice to ECP and DCB Legal DPO's instructing them
to update their records with your current address for service
and to erase your old address?
With an issue date of 27th 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
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