3. County Court letter euro car parks dcb legal
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County Court letter euro car parks dcb legal
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Hi @cp8759

Driver parked here for an appointment at the hairdressers I believe.

This was so long ago all I recall is that the registered keeper was my partners. Car was scrapped this year.

It is my name on the paperwork but I nor my partner recall interacting with these people -

Should I put in a subject access request?

I may have replied via their online portal and they've just grabbed my initial and last from that.

I think I have until the 15th December to do the AoS.

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Re: County Court letter euro car parks dcb legal
« Reply #1 on: »
Welcome.

cp8759 deals mostly with council/decriminalised PCNs, but the rest of us can help you.

Quote
the registered keeper was my partner [...] It is my name on the paperwork
This suggests that some correspondence was exchanged with ECP by someone at some point. That said, if you definitely were not the keeper of the vehicle, that makes the following statement in the particulars of claim even more ridiculous:

"In the alternative the defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4"

Proof if ever it were needed that DCB Legal make absolutely no effort to check the details of the cases before wheeling out their standard wording.

You're correct that the next step is to acknowledge service. There is nothing to be gained by delaying the AoS. Follow the advice in this PDF on how to file the AoS:

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

When you have submitted the AoS, let us know.

A clear pattern has emerged with DCB Legal, especially with claims for single tickets, like this one, where as long as the case is defended, they eventually discontinue before the matter reaches a court hearing. For some background reading into this pattern, read the following: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS
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Re: County Court letter euro car parks dcb legal
« Reply #2 on: »
@JustMe follow DWMB2's advice, I don't have capacity to look at council PCNs coming into the forum as it is, I simply don't have capacity to start picking up private parking charges as well.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: County Court letter euro car parks dcb legal
« Reply #3 on: »
Whilst the Claim is addressed to you but you say that you were not the Registered Keeper (RK), that does suggest that at some point liability was transferred to you as the driver, either by the Keeper or by your own admission.

Don't worry about it. However, with an issue date of 21st November, you must submit your Acknowledgement of Service (AoS) no later than Tuesday 10th December. Use the linked PDF provided above by @DWMB2 for the instructions on how to do this.

Do not miss that deadline. Having submitted your AoS, you will then have until 4pm on Tuesday 24th December to submit your defence. Let us know when you've submitted the AoS and we can provide the defence.

Follow the advice and this will never get as far as a hearing as they will eventually discontinue next year.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: County Court letter euro car parks dcb legal
« Reply #4 on: »
As the car was not registered to me before finding this forum my first response would be to point out that I saw no signs there.

This does not admit driver but I cannot vouch 100% for the wording.

I will seek a SAR
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Re: County Court letter euro car parks dcb legal
« Reply #5 on: »
AoS submitted
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Re: County Court letter euro car parks dcb legal
« Reply #6 on: »
Why would you want to do the claimants job for them. If the Particulars of Claim (PoC) are insufficient for you to plead a proper defence then they are in breach of CPR 16.4.

Here is the suggested defence you should submit. You only need to edit your full name, the claim number and then to sign it by typing your full name for the signature and dating it. There is also a draft order that will be submitted with the defence and nothing needs editing in that. When done, both documents should be saved as PDF files and attached to an email which is sent to claimresponses.cnbc@justice.gov.uk and CC in yourself. Make sure that the claim number is in the email subject field and in the body of the email 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
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 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;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) 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
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: County Court letter euro car parks dcb legal
« Reply #7 on: »
Wow. Firstly thanks.

So if I have indicated in some way, that I was driving, I should still send the above defence and then... They will pursue the registered keeper?

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Re: County Court letter euro car parks dcb legal
« Reply #8 on: »
Quote from: JustMe on December 10, 2024, 04:46:14 pm
So if I have indicated in some way, that I was driving, I should still send the above defence and then... They will pursue the registered keeper?
No - they won't change who they are pursuing, as they are already in the process of suing you. The point that is being made is that their rubbish PoC state alternative causes of action - namely that they are pursuing you as the driver or in the alternative the keeper. Our argument is that this is insufficient in any case, as they should know under what basis they are suing you - in this case it is even more ridiculous, as they obviously cannot be pursuing you as the keeper if you aren't and were never the keeper.
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Re: County Court letter euro car parks dcb legal
« Reply #9 on: »
Thanks guys. I have followed your instructions to a T. Submitting now
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