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#Post#: 81026--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: Looking4Justice
Date: July 15, 2025, 3:27 am
---------------------------------------------------------
Good morning, can anyone please guide me, I do not know how to
use this forum properly, to delete/amend the attachments.
I am in URGENT need of assistant in how to deal with these two
claims, I can not Afford them.
Thanks.
#Post#: 81197--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: b789
Date: July 16, 2025, 4:33 am
---------------------------------------------------------
You need to start a separate thread for each claim. If we try to
deal with two claims from different operators, it will get too
confusing.
Decide which thread will deal with the one from CEL and which
one will deal with the one from ECP. Just rename the thread with
ECP in the title and start a new thread with CEL in the title
for the other claim and post the N1SDT form there, but redact
the claim number and the MCOL password.
For now, I will deal with the ECP one here. I just hope you have
not sent those AoS forms as you have selected that you only
intend to defend "part" of the claim. Why?
With an issue date of 25th June, you had until 4pm on Monday
14th July to submit your defence. If you submitted an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Monday 28th July 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 16.7.3(1);
>
> (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#: 81202--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: DWMB2
Date: July 16, 2025, 4:47 am
---------------------------------------------------------
--- Quote from: Looking4Justice link ---
>
> Good morning, can anyone please guide me, I do not know how to
use this forum properly, to delete/amend the attachments.
> I am in URGENT need of assistant in how to deal with these two
claims, I can not Afford them.
>
> Thanks.
>
--- End Quote ---
Please do not bump your thread if you do not receive a reply,
this is a busy forum run entirely by volunteers and, at the risk
of sounding blunt, it isn't our fault the matter is urgent. The
first claim was issued on 25th June and we didn't see a copy of
the Claim Form until 10th July.
#Post#: 81835--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
// CLAIM 1 ECP
DIR By: Looking4Justice
Date: July 20, 2025, 5:27 pm
---------------------------------------------------------
Please accept my sincere apology for all the mistakes I had been
doing by lack of knowledge in how to use the forum.
Thank you so much for your patience and kind help.
Regarding Claim 1 ECP - June 25, following your instructions I
already prepared the PDF Document to send it by email,
hopefully, tomorrow morning, but I have another question, I
looked at the AOS and unfortunately, I did marked it wrong as
Partial and not complete, will be possible to change it? I tried
to acces the web page where I did it, but I can get access, it's
not letting me do anything, or maybe I am doing something wrong.
Should I go ahead and proceed to send the email anyway, despite
my mistake on the AOS?
Looking forward to hearing from you soon,
Thanks in advanced,
#Post#: 81912--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: b789
Date: July 21, 2025, 7:37 am
---------------------------------------------------------
No. Don't email that defence if you ticked that you only intend
to defend part of the claim!!!
If you have already sent it then ignore the following:
You should submit the following as your defence using the MCOL
defence option. Just copy and paste the text into the text box
on the MCOL webform. DO NOT do this if you have already
submitted the defence by email as previously advised and before
we knew you had selected the "partial defence" option in the
AoS:
--- Quote ---
> 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. The Defendant inadvertently selected "defend part of the
> claim" on the Acknowledgment of Service via MCOL. For the
> avoidance of doubt, this Defence disputes the entirety of the
> claim pursuant to CPR 15.2 and the overriding objective.
>
> 3. 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 adequately
comply
> with CPR 16.4.
>
> 4. The Defendant is unable to plead properly to the PoC
because:
>
> (a) The contract referred to is not detailed or attached to
the
> PoC in accordance with CPR PD 16.7.3(1);
>
> (b) The PoC do not state the exact wording of the clause (or
> clauses) of the terms and conditions of the contract which
> is/are relied on;
>
> (c) The PoC do not adequately set out the reason(s) why the
> Claimant asserts the Defendant has breached the contract(s);
>
> (d) The PoC do not state with sufficient particularity exactly
> where the breach occurred, the exact time of alleged breach
and
> duration of parking prior to the charge;
>
> (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 state whether the Defendant is sued as
driver
> or keeper. The Claimant cannot plead both without specificity.
>
> 5. Courts have previously struck out similar claims of their
own
> initiative for failure to comply with CPR 16.4, where the PoC
> failed to specify the contractual terms relied upon or explain
> the alleged breach with sufficient clarity. In comparable
cases,
> judges have found that requiring case management steps in
> low-value claims is disproportionate and contrary to the
> overriding objective.
>
> 6. The Defendant submits the same reasoning applies and
invites
> the court to strike out the claim for breach of CPR 16.4.
>
> Draft Order:
>
> Of the court’s own initiative and upon reading the claim and
> defence.
>
> AND the court being of the view that the particulars do not
> comply with CPR 16.4(1)(a) because:
>
> (a) They do not set out the exact wording of the clause(s)
> relied on; and
>
> (b) They do not adequately explain the alleged breach.
>
> AND the Claimant could have complied with CPR 16.4(1)(a) by
> serving separate detailed particulars pursuant to
> CPR PD 7C.5.2(2) but failed to do so.
>
> AND the claim being of modest value, it is disproportionate
and
> not in accordance with the overriding objective to require
> further case management, amended pleadings or allocation.
>
> ORDER:
> 1. The claim is struck out.
> 2. Permission for either party to apply to vary, set aside or
> stay this Order by application within 5 days of service.
--- End Quote ---
#Post#: 82032--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: Looking4Justice
Date: July 21, 2025, 5:19 pm
---------------------------------------------------------
Thanks a lot, I have not sent the email but once again, I had
been trying to do it online, as you guided me to, but the Claim
Number and Password does not work, I even tried to do the
"Advance" search with the claim number but does not work either.
Just wondering what is going on? how come both of my claims are
not been recognised on the web page? it could be possible that
someone else did something about it, after seeing the details in
here, that I did not erase the first time I loaded the
attachements?
#Post#: 82106--------------------------------------------------
Re: How to deal with 2 Claim Form from a Legal Firm to avoid CCJ
DIR By: b789
Date: July 22, 2025, 8:03 am
---------------------------------------------------------
I have no idea why you cannot access your MCOL. If you are
unable, then just send the defence by email as originally
advised. Make sure that each defence shows the correct claimant.
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