Author Topic: Court claim form  (Read 2249 times)

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Court claim form
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Please help  :'(
In August 2023 I parked in Euro Parks car park on Rodney Street Wigan. I visited specifically to take my 4 year old granddaughter to Clark’s for shoes. I have never been to Wigan before.
We left the shop, she needed the bathroom and subsequently I got lost and couldn’t locate the car park.
A passer by  helped with directions and I ended up being 18 minutes over the parking time.
The initial fine went to my old address, now corrected.
I ignored the multiple requests from DCBL for £170.
Now I have had a letter of claim from the court.
I have requested an extension of 28 days.
It has taken me 12 years to rebuild my life after a messy divorce, I’m terrified of getting a CCJ and feel so worried and stressed.
Thank you in advance of any advice.

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Re: Court claim form
« Reply #1 on: »
Welcome. Don't panic. I can assure you that if you follow our advice, you will not be paying a penny to ECP.

Just understand that this will end in either a strike out or a discontinuation. Without even seeing the N1SDT Claim Form, I can tell you how to respond but I would need to know the issue date of the claim in order to let you know the deadlines.

So, please tell us the issue date of the claim and I will then explain what you should do next and how and by when.

Nothing we advise can lead to a CCJ so get that notion out of your head for starters.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court claim form
« Reply #2 on: »
I’m so grateful, thank you
« Last Edit: June 04, 2025, 08:03:34 pm by KDKM »

Re: Court claim form
« Reply #3 on: »
That copy is rubbish, the date is 27 May on the form

Re: Court claim form
« Reply #4 on: »
I tried to send a copy of the form but it wasn’t clear, the date is 27 May.
Thank you for your support

Re: Court claim form
« Reply #5 on: »
You need to delete this images of the claim form you posted as they show the claim number and the MCOL password. I only needed the issue date of the claim so I've asked a mod to delete the images.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court claim form
« Reply #6 on: »
With an issue date of 27th Mayy, you have until 4pm on Monday 16th June to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 30th June to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

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

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just 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 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.

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 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 attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) 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.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

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
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court claim form
« Reply #7 on: »
I’ve deleted them.
I’m really, really grateful. Your help is invaluable.
I will do the defence.

Re: Court claim form
« Reply #8 on: »
Hi,  I have this morning received an acknowledgment of receipt of my defence. It says a copy has been sent to Euro Parks who may contact me to attempt to resolve or proceed to court. Sounds scary.
I just wanted to thank you again  for helping me and let you know I have followed your advice and keep you updated.

Re: Court claim form
« Reply #9 on: »
It's all standard template response stuff. You will next receive a letter from DCB Legal stating that they have received a copy of the defence and their client intends to proceed. They will also include a copy of their N180 Directions Questionnaire. Just file it.

Follow these instructions on how to file your bond N180 DQ:

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 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Court claim form
« Reply #10 on: »
I will do exactly as you say, thank you!

Re: Court claim form
« Reply #11 on: »
Hi, thank you for your invaluable advice so far. Everything has happened like you said it would.
I’ve had an email about a mediation appointment on the 16th September.
It sounds very daunting and making me nervous.
What do I do next please?
Thank you!

Re: Court claim form
« Reply #12 on: »
Just t a forum search for "mediation" and you will see that it is a complete waste time and all you do is offer £0 and it is over in minutes. It is not part of the judicial process and there is no legally trained person involved.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Court claim form
« Reply #13 on: »
I’ll do that  😆 and glad it will be over quickly.
What is the next step after that do you know?

Re: Court claim form
« Reply #14 on: »
Yes, but you can also search the forum for many other similar cases to see how it unfolds.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain