All part of the process. You have received a copy of the claimants N180 DQ. You will receive your own through the post from the CNBC.
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 N180 own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
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: 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.
I hope you followed all the advice on submitting your AoS as per this document:
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Before you try to dig a hole and tell your story in your defence, consider the following points:
Check the date that the Particulars of Claim (PoC) say the PCN was issued. Note that a PCN cannot be issued on the same day of the alleged breach of contract. ECP would have to make a request to the DVLA to get the Keepers details which cannot happen on the same day.
So... is the date they say the PCN was issued the date of the alleged breach or is it the date they actually issued the Notice to Keeper (NtK)?
That is the first breach of the Civil Procedure Rules (CPR 16.4) in their PoC.
They refer to a "contract" that has been breached. Is the contract they refer to, detailed or attached as required under CPR PD 16(7.5)?
Second breach of the CPRs.
Do the PoC state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on?
Do the PoC 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?
Do the PoC state exactly how the claim for statutory interest is calculated?
Do the PoC state what proportion of the claim is the parking charge and what proportion is damages?
The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.
So, think about this... if you know nothing at all about the PCN before the claim arrived, would you be able to plead a defence based on the information provided in the PoC? I doubt it and therefore, the PoC are woefully inadequate and breach CPR 16.4.
The following is the suggested defence you should submit together with a draft order. You only need edit your name, the claim number and then sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.
Both documents should be saved in PDF format and attached to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be included in the email subject field and you put the following in the body of the email: "Please find attached the defence and accompanying draft order in the matter of Euro Car Parks Ltd v [your full name] Claim No.: [claim number]".
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Euro Car Parks Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies any liability for this claim.
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:
(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 clearly 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 exactly how the claim for statutory interest is calculated;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.
4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.
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:
Draft Order for the defence (https://www.dropbox.com/scl/fi/z8zcqfdncdoajgj4ag6a4/short-defence-order.pdf?rlkey=at98xmfwj0ehi3w9d0ia15ogp&st=i2yevzab&dl=0)