Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Hugevehicle123 on August 09, 2024, 02:37:30 pm
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Please start your own thread for advice on your own case.
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Hi there, I am currently in the same predicament with dcb legal, am I able to use the same defence forms that have been given here or is it not universal.
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Mediation is not part of the judicial process. Simply offer £0 and it will be over in minutes. There is nothing to prepare for.
There are no judges or solicitors involved in mediation. It is a complete waste of time for cases like these. Unfortunately, it is now mandatory to "attend" the mediation phone call. It has no earring on anything going forward unless you agree to settle for some agreed amount. Why would you do that when you have a very good case and will end up paying nothing.
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We have now arrived at mediation. I'll prepare my case but it there anything I must/must not include
Thank you in advance
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Guess I needed the reassurance
Thank you
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Nobody "has it in" for you. This is all normal and part of the process.
The N180 DQ is not "served" on you by ECP. You have received a copy of their N180DQ and you have been sent one by the CNBC for you to fill in and send back with a copy of ours going to the claimant via their solicitor, DCB Legal.
As you have received a copy of ECPs N180 DQ, it says the bit about having received a copy of your defence. Ignore their N180DQ and complete your own.
Do not use the paper form you have been sent. Download your own copy here:
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
No need to print anything. Do it on your computer. When you finish, sign it by typing your full name for the signature. You then send it as a PDF attachment in a single email to dq.cnbc@justice.gov.uk and also to info@dcblegal.co.uk and you also CC in yourself.
The claim number must go in the email subject.
As for the questions, they are mostly self explanatory. Here is a link to an example N180. The obvious questions you can answer for yourself:
https://www.dropbox.com/scl/fi/ozgxdeqf32mvzpfgzwx2w/Example-N180DQ.pdf?rlkey=p0iuk5sor595endx25m7w3dcb&st=i0fnho4r&dl=0
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Looks Like ECP have it in for me. They have served me with an N180 notice.
I'm not sure what the best course of action is at this point. Any guidance on filling out these forms will be appreciated - I don't want to make any school boy errors.
The part which is confusing is that it states "the defendant has filed a defence, a copy of which is enclosed". I have no idea where this is or am I being stupid?
Do I confirm that this is not the appropriate track for the claim and complete box C1 or not?
The letter is dated 11th October and i have until the 28th to file my defence. Jus got back from holiday today so need to move asap
Thanks for the help
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If you want to have a bit of fun with them, you could call them and go through the following scenario:
You: "Hello. I believe you wanted to speak with me about your claim."
DCB: "Ah, yes... We'd like to offer that you only pay us £200 and we'll call it quits."
You: "Errr... I don't think so."
DCB: "Ah, OK. How about if we make it £100?"
You: "Hmmm... Let me think for a moment... Nah!"
DCB: "Oh dear. How about £50?"
You: "Uh uh. Not really."
DCB: "What amount would you consider?"
You: "How about £25?"
DCB: "Oh, OK. How would you like to make the payment?"
You: "Nah... I've changed my mind. I'd like you to pay me £100."
DCB: Dial tone after they hang up.
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All part of their standard process. You can ignore their very generous offer.
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Just ignore them. An N279 Notice of Discontinuation will soon be on its way to you and the court.
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Hello,
After finalising my case DCB legal have asked me to contact them (without prejudice) to settle out of court. What do I do in this scenario? Do I contact them and refuse their offer or should I listen to what they have to say?
Personally I don't want to give them a penny as I believe this ticket is a load of tosh!
Thanks in advance
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The good news is that they're using DCB Legal, who usually have little appetite for actually turning up to court, so there's a fair chance that if you follow the advice here, they'll discontinue before the end.
Euro Car Parks used to be quite court shy, I wonder if money's getting tight...
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Thank you B789 it feels empowering to fight back against these shitbags.
I have filed my defence and emailed the required PDFs. It's a big relief and I wish I could show you my gratitude with more than a few words on the internet.
Thanks again :)
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Thank you so much
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As for the defence, very recently through discussion with a very long serving district judge, it has been recommended that the very long template defence that has been developed and used over the years has lost its effectiveness as judges are familiar with it and tend not to bother reading it as it is considered a boilerplate, “one size fits all” template.
It has been suggested that a “short” defence be submitted with an attached draft order for the allocation judge to force the claimant to submit particulars that fully comply with the CPRs. To date, no roboclaim claimant that has been served with the order has managed to comply with it and the claims have been struck out.
Only the defendants name, the claimants name and the claim reference number need to be edited. The statement of truth can be signed electronically by simply typing your name. Nothing else needs to be added or edited.
The draft order does not require any any editing.
These are the latest versions of the documents as edited this weeks:
Short defence (https://www.dropbox.com/scl/fi/e3ywca2o8vkrqxpy6bddn/Short-defence.pdf?rlkey=x1fukkeyi1w58l6x2axezmwid&dl=0)
Draft order for the short defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-orderP1.pages.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&dl=0)
The defence and draft order are attached to an email as PDF files. The email subject is simply “Defence for claim [claim number] and the body of the email just states “Please find attached the defence and a draft order for claim [claim number].
The email is sent to claimresponses.cnbc@justice.gov.uk and you CC in yourself. Make sure you receive an auto-acknowledgement email back within a few minutes of sending.
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Hello,
I want to start preparing my defence for the above case. Any advice on the matter would be a great help.
Thank you in advance
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We will advise on the defence soon.
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I have removed the unnecessary images and filed my AoS. Any further help will be greatly appreciated
Thank you
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With a claim date of 30th July, you have until 18th August to file your AoS. Please follow the instructions for doing so in this file:
https://www.dropbox.com/scl/fi/r7pj2q44de5r7dg97yi83/money-claim-online-How-to-Acknowledge.pdf?rlkey=9y9gfemyylmprpjfdimw49qpk&st=qlg56ckp&dl=0
Once you have filed the AoS, you then have until 4pm on Monday 2nd September to file your defence which will be done as a PSF attachment to an email. DO NOT try and file your defence using the MCOL website.
Let us know when you have successfully filed your AOS.
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We do not need to see any of the useless debt collector letters. Please remove them, They are useless bits of paper that you can use an emergency loo paper.
GCTT, ZZPS DRP are all useless debt collectors, DO NOT show us their rubbish.
All we need to see is the First NtK, front and back. No need to show any reminders. We also need the N1SDT claim form, just the first page. We don't need to see all the attached forms which you can bin.
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I have added a selection of letters for collection and the all correspondence from ECP and the NS1DT form. The letter from ECP dated 28/7/2023 is the response to my letter offering to pay an admin fee
Sorry about the ordering of the letters the tech stuff is not my forte.
https://imgur.com/sRpoEAO
https://imgur.com/Jc0dLWx
https://imgur.com/AV4yD0u
https://imgur.com/28yM7rt
https://imgur.com/28yM7rt
https://imgur.com/Iru7fzq
https://imgur.com/JRhNwJi
Thank you in advance for any replies
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With a claim issue date of 30th July, you have until 18th August to file the AoS. Once the AoS is filed, you then have until 4pm on Monday 2nd September to file a defence.
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Thank you to everyone who has replied. The issue date of the claim is 30/7/2024 and it is DCB legal
I will gather the documents requested and send redacted copies asap
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You have received an N1SDT claim form from the CNBC. Please show us a suitably redacted copy of it but leaving all dates and time showing.
As the Claimant is ECP, I am going to presume that the solicitor they are using is DCB Legal. This is all good. You are at the ultimate dispute resolution stage. I would place money on this eventually being discontinued, as long as you follow the advice.
For now, please tell us the "issue" date of the claim. Also, here is a link to a file that explains exactly how to acknowledge service of the claim which MUST be done within 19 days of the "issue" date of the claim:
https://www.dropbox.com/scl/fi/r7pj2q44de5r7dg97yi83/money-claim-online-How-to-Acknowledge.pdf?rlkey=9y9gfemyylmprpjfdimw49qpk&st=uamvamxh&dl=0
Do not even think about using the MCOL to file your defence. That will be filed as a PDF attachment to an email.
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I've asked for it to be moved. OP, you don't need to do anything other than to gather together the docs requested, read the guidance for posting these and wait for your thread to be moved.
ECP - Euro Car Parks
'debt recovery agent' - unofficial stage(until October when the unified Code of Practice kicks-in) in private parking procedure twixt creditor's rejection of representations, if any, and Administration of Justice Act process for resolving contractual disputes.
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This sounds like a private Parking Charge Notice and not a Council Penalty Charge Notice? If so it should be moved to the Private Parking Forum.
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+1
For guidance on posting documents see
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
post all sides of all documents, redacting only name & address. Leave everything else in.
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This is not the new Pepipoo, but most people giving advice there are now on here.
Sorry, but you need to post some documents. We need to see the documents related to the bailiff action and subsequently. If this matter is at the High Court it won't be bailiffs coming, but court officers.
So, documents please !
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Hello,
I will try and keep this as short as possible. I previously posted on pepipoo and have recently seen they have moved here.
I first entered a Euro carpark (ECP) in Manchester at 12.00.39pm on 15/12/2022. I Purchased a 4 hour ticket for £5 and left the carpark at 15.18.
I had recently moved house and received a PCN to my old address which i never received and it escalated to a recovery agent. I contacted ECP to ask for my Data through a GDPR request and received the above times for entering/leaving the carpark with an accompanying letter saying the appeal stage had passed. I have kept the original ticket which I had on display in my car and could not understand why the PCN was issued in the first place. ECP state No valid pay/display permit was purchased - I definitely dispute this.
After finding Pepipoo i was advised to contact ECP again there was a faulty PDT or keying error, unknown at this time, which led to the issuance of charge. This means you were at no loss whatsoever, so please cancel this PCN or follow the BPA CoP as required. I offered to pay a nominal fee top cover any admin charges and settle this matter promptly out of court.
This week I received notice of court proceedings asking for me to choose one of the following
Admit to the charge and pay full amount
Admit to part of the charge claimed
or dispute the whole claim and potentially counterclaim.
My only error in this chain of events is to not update my logbook address. I have made reasonable attempts to settle this to no avail.
I'm at a loss what to do at this point. I don't want to get and judgements against my credit but feel it's an injustice to pay the full £270
Any advice on what to do at this stage would be greatly appreciated. I have 14th days from the day of service (4th August) to respond to these claims.
Thank you in advance and best regards