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#Post#: 81804--------------------------------------------------
Horizon Parking - Court Papers received - Water Gardens Harlow
DIR By: ParkingLobster72
Date: July 20, 2025, 2:47 pm
---------------------------------------------------------
Hi All,
I have been sent court papers for an unpaid PCN my ex got while
using my car. He promised me he would deal with it, but we have
gone our separate ways and I do not know where he is. I have had
letters from Horizon Parking Limited but have not responded to
any as I thought he was looking after this.
I have filled out the acknowledgement of service online and so
now have 28 days to defend this claim.
Any and all advice would be much appreciated. This is the last
thing I need thrown on my plate now.
I will take all relevant paperwork to the office tomorrow and
scan it in.
I've read the "READ THIS FIRST" thread but I am feeling so very
overwhelmed.
Please help me write a defence for this.
Thank you in advance :)
[attachment deleted by admin]
#Post#: 81807--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: b789
Date: July 20, 2025, 2:57 pm
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Please show us the N1SDT claim form with the Particulars of
Claim (PoC). only redact the claim number, your personal info
and the MCOL password. Leave everything else visible, especially
all dates.
Who is acting for Horizon? What is the issue date of the claim?
What is the claim for?
#Post#: 81814--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: ParkingLobster72
Date: July 20, 2025, 3:35 pm
---------------------------------------------------------
Hi,
Thanks for the quick reply.
It is for "Failure to pay for Parking", originally from Horizon,
then passed to Debt Recovery Plus.
The incident was on 25/02/2024, the issue date on the claim is
07/07/2025.
[attachment deleted by admin]
#Post#: 81901--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: b789
Date: July 21, 2025, 6:25 am
---------------------------------------------------------
With an issue date of 7th July, you had until 4pm on Monday 28th
July to submit your defence. As you have submitted an
Acknowledgement of Service (AoS), you now have until 4pm on
Monday 11th August to submit your defence.
Until very recently, we never advised using the MCOL to submit a
defence. However, due to recent systemic failures within the
CNBC, we feel that it is safer to now submit a short defence
using MCOL as it is instantly submitted and entered into the
"system". Whilst it will deny the use of some formatting or
inclusion of transcripts etc. these can always be included with
the Witness Statement (WS) later, if it ever progresses that
far.
I am meeting with a judge tomorrow to clarify exactly what
wording can be included in the defence if submitted through MCOL
and will be able to provide the necessary wording for your
defence later tomorrow or Wednesday.
The following is the wording I am suggesting but please do not
use it until I can confirm. When it is confirmed or amended, you
would copy and paste it into the defence text box on MCOL. It
has been checked to make sure that it will fit into the 65
characters per line and 122 lines limit. This defence is
specifically for claims where the claimant has failed to comply
with CPR 16.4(1)(a):
--- 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. 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(1)(a).
>
> 3. 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 (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.
>
> 4. The Defendant submits that courts have previously
> struck out similar claims of their own initiative for
> failure to adequately comply with CPR 16.4(1)(a),
> particularly where the Particulars of Claim failed to
> specify the contractual terms relied upon or explain the
> alleged breach with sufficient clarity. The Defendant
> refers specifically to:
>
> - Civil Enforcement Ltd v Chan (2023), Luton County Court,
> HHJ Murch, ref: E7GM9W44
>
> - CPMS Ltd v Akande (2024), Manchester County Court,
> HHJ Evans, ref: K0DP5J30
>
> In both cases, the claim was struck out due to identical
> failures to comply with CPR 16.4(1)(a).
>
> 5. The Defendant invites the Court to strike out this
> claim of its own initiative. The Defendant relies on
> the judicial reasoning set out in Chan and Akande, as
> well as other County Court cases involving identical
> failures to adequately comply with CPR 16.4. In those
> cases, 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. The
> Defendant proposes that the following Order be made:
>
> Draft Order:
>
> Of the Court's own initiative and upon reading the
> particulars of claim and the defence.
>
> AND the court being of the view that the particulars
> of claim do not comply with CPR 16.4(1)(a) because:
> (a) they do not set out the exact wording of the
> clause (or clauses) of the terms and conditions of
> the contract (or contracts) which is (or are) relied
> on; and
> (b) they do not adequately set out the reason (or
> reasons) why the claimant asserts that the defendant
> was in breach of contract.
>
> AND the claimant could have complied with CPR
> 16.4(1)(a) had it served separate detailed particulars
> of claim, as it could have done pursuant to CPR PD
> 7C.5.2(2), but chose not to do so.
>
> AND upon the claim being for a very modest sum such
> that the court considers it disproportionate and not
> in accordance with the overriding objective to allot
> to this case any further share of the court's
> resources by ordering further particulars of claim
> and a further defence, each followed by further
> referrals to the judge for case management.
>
> ORDER:
> 1. The claim is struck out.
> 2. Permission to either party to apply to set aside,
> vary or stay this order by application on notice,
> which must be filed at this Court not more than 5
> days after service of this order, failing which no
> such application may be made.
>
--- End Quote ---
#Post#: 82893--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: ParkingLobster72
Date: July 27, 2025, 2:23 am
---------------------------------------------------------
Hi b789,
Thank you for your reply.
Is this defence confirmed now?
Should I send it through the post or fill in the online form? Or
both?
I completed the AoS online as I panicked that I would run out of
time.
#Post#: 82904--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: b789
Date: July 27, 2025, 4:22 am
---------------------------------------------------------
Yes, that defence is valid and should be submitted ONLY through
the MCOL portal. Do not try and submit any other way.
#Post#: 90801--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: ParkingLobster72
Date: September 21, 2025, 4:03 am
---------------------------------------------------------
Hi,
I have received notice that this is now a defended claim?
On Friday while I was at work I got a letter in the post dated
03/09/25 that I need to complete a N180 and file it with the
court and other parties by tomorrow.
What the hell do I do?
#Post#: 90802--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: jfollows
Date: September 21, 2025, 4:43 am
---------------------------------------------------------
Search the forum for
N180
and you will very quickly find
--- Quote ---
> Having received your own 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[member=6517]justice[/member].gov.uk
and <the lawyers representing Horizon> and CC in yourself. Make
sure that the claim number is in the subject field of the email.
--- End Quote ---
#Post#: 90832--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: ParkingLobster72
Date: September 21, 2025, 9:04 am
---------------------------------------------------------
Thank you so much.
I have filled this in and sent it off.
What are the next steps? What should I expect?
This is really fraying my nerves.
#Post#: 90836--------------------------------------------------
Re: Horizon Parking - Court Papers received - Water Gardens
Harlow
DIR By: b789
Date: September 21, 2025, 9:27 am
---------------------------------------------------------
After the N180 has been submitted you will have to "attend" a
mediation phone call where you offer £0 and then it is
transferred to your local court where you will receive
instructions on dates/deadlines and then, eventually, the claim
is either struck out or discontinued.
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