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Live cases legal advice => Private parking tickets => Topic started by: tazzywazzy on January 09, 2025, 06:52:58 pm

Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on February 13, 2025, 07:26:22 pm
Hi,

Fantastic this the education I needed, I really appreciate the help and knowledge this forum provides.

Regards
Title: Re: DCB Legal - euro car parks
Post by: b789 on February 13, 2025, 07:04:36 pm
Quote
A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.

• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.

•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).

• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.

• Debt collectors have no power—they just send letters and can be ignored.

• No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).

• This is a warning that they may start a court case.

• The recipient has 30 days to reply before a claim is filed.

• No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.

• The court sends a Claim Form with details of the claim and how to respond.

• The recipient has 14 days to respond (or 28 days if they acknowledge it).

• No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.

• If the recipient ignores the claim, the parking company wins by default.

• No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.

• If they pay within 30 days, no CCJ goes on their credit file.

• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.

• The person loses or ignores the case.

• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
Title: Re: DCB Legal - euro car parks
Post by: DWMB2 on February 13, 2025, 03:45:35 pm
Even if the absolute worst were to happen and it went to a hearing and you lost (which, for reasons outlined already, is almost certainly not going to happen), a CCJ doesn't show up on your credit file if the judgement is paid promptly.
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on February 13, 2025, 03:14:47 pm
@b789 Thank you so much! will follow your advice and hopefully gets discontinued. As most people I am just worried about a CCJ on my file as I have never had one in my life.
Title: Re: DCB Legal - euro car parks
Post by: b789 on February 13, 2025, 03:08:38 pm
You can either pay nothing or waste your money by trying to pay them something and be marked by them as a "mug" for future scamming. Which do you want?

I have already told you that no one pays a penny to ECP if they follow the advice. Follow the advice and just be patient for the inevitable discontinuation.
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on February 13, 2025, 11:41:07 am
Thank you for the reply, is it worth offering the original payment amount of what it would have cost in the car park. The reason I couldn't pay was due to both machines not working and me thinking that the payment had gone through on the phone after spending 20+ minutes on the phone.
Title: Re: DCB Legal - euro car parks
Post by: jfollows on February 13, 2025, 09:48:46 am
Ignore.
They will withdraw in due course, but in the meantime they will try and get something from you if at all possible. Just keep on top of the process.
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on February 13, 2025, 09:38:38 am
Hi,

DCB legal have sent an email asking me to settle without prejudice, if I dont settle then this will proceed to court. Do I respond to this email or ignore it please?

Kind Regards
Title: Re: DCB Legal - euro car parks
Post by: b789 on January 27, 2025, 02:53:58 pm
Mediation has been compulsory since 22nd May last year. It is a complete waste of time but you are obliged to "attend" the call.

It is not part of the judicial process and does not involve any judge or solicitor. You simply offer £0 and it is over in minutes. You have "attended" the call and that's it. The process moves on to allocation to your local county court.
Title: Re: DCB Legal - euro car parks
Post by: DWMB2 on January 27, 2025, 02:53:06 pm
Quote from: tazzywazzy on January 27, 2025, 02:45:21 pm
Do I attend this call and is there any advice of what to say in the mediation. Thank you so much for your help.
Yes. Mediation is now mandatory for these small claims, but in private parking cases is often useless. Attendance is mandatory, offering any concessions is not - turn up to the call, and make clear that you do not believe you owe the claimant any money and are not prepared to settle at any amount, and it should all be over fairly quickly.
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on January 27, 2025, 02:45:21 pm
Hi, I followed your advice and filled in the Directions questionnaire. For one of them now they have sent a date for mediation call on the 28th of February. Do I attend this call and is there any advice of what to say in the mediation. Thank you so much for your help.
Title: Re: DCB Legal - euro car parks
Post by: b789 on January 10, 2025, 01:15:57 pm
As long as those claims were defended and you don't do something stupid in the meantime, they will be discontinued. We can see from the PoC that they are using DCB Legal as their bulk litigator.

The defences submitted are not what we would have advised but in these claims through DCB Legal, you could submit a nursery rhyme as a defence and the outcome will be the same, a discontinuation.

For now you MUST correctly follow the process. When you receive your own DQ, follow this advice:

Quote
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. You can discard those. Download your own form 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.
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on January 10, 2025, 11:25:45 am
Oh and finally, after I submitted my defence both of the cases the companies took over 28 days to send their reply and the DQ, does this give me any leverage?
Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on January 10, 2025, 11:22:02 am
Particulars of claim for the second one

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Title: Re: DCB Legal - euro car parks
Post by: tazzywazzy on January 10, 2025, 11:21:03 am
Hi,

Thank you for the reply, I have added the particulars of the claims for both

Defence 1:

I am writing to formally defend myself against the parking charge claim issued by Euro Car Parks LTD on 21 February 2022. The charge against me is unwarranted, and I believe it results from the claimant’s failure to provide properly functioning payment options and their disregard for my documented efforts to resolve the situation at the time of parking.

Background of Incident

On 21 February 2022, I parked in the Rochdale Road car park managed by the claimant. I fully intended to pay the parking fee and, in accordance with their terms, attempted to use both of the on-site payment machines. However, neither of the machines was operational. Faced with this, I followed the instructions provided and called the payment line displayed at the location.
I spent over 20 minutes on this call attempting to complete the payment. While I believed the payment had been successfully processed, I later received a letter from the claimant stating that a parking charge was being levied against me for non-payment. This came as a shock, given my efforts to comply with the claimant’s requirements.

Evidence of Compliance

Upon receiving notice of the charge, I promptly appealed it, providing clear and documented evidence of my call to their payment line, including call logs and duration, which demonstrate my genuine effort to make the payment. I offered to pay the original parking fee immediately upon realising that it had not gone through as I believed it had at the time. Despite this, my appeal was rejected by the claimant, forcing me into a prolonged and increasingly distressing series of communications and appeals that have now escalated to a court claim.

Claimant’s Failure to Provide a Reliable Payment System

The claimant has failed in their duty to provide reasonable, accessible, and functional means for patrons to pay for parking. By refusing to acknowledge the malfunctioning machines and my documented attempts to pay by phone, the claimant has acted unreasonably and, I believe, in bad faith.

Psychological Impact and Stress Due to Claimant’s Conduct

The claimant’s persistence in pursuing this matter, despite the clear evidence I provided, has caused me considerable distress. I suffer from severe anxiety and PTSD, and the numerous threatening letters I have received from the claimant have exacerbated my condition significantly. This undue pressure has worsened my mental health, further demonstrating the harmful impact of the claimant’s disregard for patrons attempting to comply with their terms.

Conclusion and Request for Dismissal of Charge

I urge the court to recognize that I acted in good faith and took every available step to pay the parking fee. The claimant’s failure to provide adequate facilities and their refusal to acknowledge my good-faith efforts to resolve the matter without escalation have placed me in an unjust position.

I also wish to reiterate that I am still willing to pay the original parking charge amount for that day, as I have offered previously, because I did use the parking facilities and do not wish to be in debt to anyone. I believe this is a fair resolution, given the circumstances, and respectfully request that the court dismiss this punitive charge as an unreasonable penalty imposed due to the claimant’s procedural failures and disregard for the evidence presented.

Thank you for your attention to this matter.

Defence 2:


Introduction

I, ...., the defendant in this matter, submit this defence in response to the claimant’s claim regarding a Parking Charge Notice (PCN) issued on 15th January 2024 at ......

The Circumstances of the Incident

On the date in question, my vehicle unexpectedly broke down, leaving me and my young daughter stranded. Concerned for my daughter’s welfare due to the cold weather, I took her to a nearby warm place while waiting for the recovery truck.

Evidence Submitted to the Claimant

Following the issuance of the PCN, I promptly appealed the notice and provided the claimant with the details of the recovery company that attended to my vehicle. This included the name of the company and any other relevant evidence to corroborate my situation.

Rejection of the Appeal

Despite presenting legitimate evidence of a breakdown, the claimant rejected my appeal. This demonstrates a lack of consideration for genuine mitigating circumstances, as outlined in the British Parking Association’s Code of Practice, which requires parking operators to act fairly and proportionately.

Mitigating Factors Ignored

My vehicle’s breakdown was entirely unforeseen and beyond my control.

As a responsible parent, I prioritised my daughter’s safety, which is a reasonable and justifiable action under such circumstances.

I acted promptly to arrange for recovery and cooperated fully by providing the claimant with all relevant details.
Abuse of Process

The claimant’s rejection of my appeal and subsequent pursuit of this claim appear to be a revenue-generating exercise rather than an attempt to enforce legitimate parking rules. It is an abuse of process to penalize a motorist who acted responsibly during an emergency.

No Genuine Pre-Estimate of Loss

The claimant has failed to demonstrate that the charge is a genuine pre-estimate of loss or that it reflects any damages incurred. The vehicle was not parked in disregard of the terms but was stationary due to mechanical failure, and no harm was caused to the claimant’s property or interests.

Request for Dismissal

Given the evidence and circumstances outlined above, I respectfully request the Court to dismiss the claimant’s claim.

Statement of Truth

I, ....., believe the facts stated in this defence are true to the best of my knowledge and belief.






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Title: Re: DCB Legal - euro car parks
Post by: DWMB2 on January 09, 2025, 09:56:18 pm
Quote from: Dolly on January 09, 2025, 09:19:27 pm
Also there is the Gov.UK code of practice February 2022
Not yet there isn't - it is currently withdrawn.

As you have filed defences it is rather late in the day, but can you please show us:

DCB Legal do often withdraw when a defence is filed.
Title: Re: DCB Legal - euro car parks
Post by: Dolly on January 09, 2025, 09:19:27 pm
I had a similiar problem with both these debt collectors and from my reading you have a valid claim. Please read the BPA terms and CONDITIONS FOR SUCH members. Also there is the Gov.UK code of practice February 2022  which states that these can be mitigating circumstances

These two companies never like to listen. ECP uses ANRP so they just go by the times not the circumstances. I have just managed to set aside their case agains t me as wrongful.
you should check out Martin Lewish website for further advic
e
Title: DCB Legal - euro car parks
Post by: tazzywazzy on January 09, 2025, 06:52:58 pm
Hi,

I have started a new thread as you requested in my previous one to avoid confusion.

I have two Private Car Park PCNs that have gone to moneyclaim. I filed my defence

1. The first one back in 2022 I tried to pay for the parking but the machine wasn't working, so I called up and was on the phone 20 odd minutes. I thought I had paid. until I received a letter from them stating it hadn't been paid. At the time I provided them the evidence and offered to pay the charge for the parking. They rejected my appeal and started the threatening process. I was advised poorly to ignore these which I did. They I receive a claim to the courts via money claim, I filed my defence explaining this but I don't this it was accepted. Now I have filled the DQ and sent it off.

2. The second one my car was causing issues and then broke down, I parked in their spot and waited for recovery but I had to wait in a nearby café as I my young daughter with me. When I got back to see the recovery man there was a ticket on the car. Again tried to appeal this and gave the details of the recovery person, they rejected it and then same as above filed a defence and now I have filled in the DQ.

Is it best to just pay these so I don't get 2 x ccjs on my file?