Author Topic: Court claim - Wish Street Rye -  (Read 309 times)

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f_slug

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Court claim - Wish Street Rye -
« on: December 14, 2024, 07:57:45 pm »
Hi, I need to respond to the attached and am struggling to put a defence together, could someone help?

I completed the Acknowledgement of Service and have until the end of this week to send a defence. I am defending all of the claim as there was a ticket purchased and displayed for the duration of the stay in the car park. As it was in 2020, I'm not sure if I can find proof of this, but I will try if that will help. I no longer even have the car, it was scrapped 3 years ago.

Please let me know if any more information is needed.

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b789

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Re: Court claim - Wish Street Rye -
« Reply #1 on: December 15, 2024, 12:02:09 am »
On what date did you complete the AoS? With a claim date of 21st November, you had until Tuesday 10th December to submit the AoS.

If the AoS was submitted within the deadline, you then have until 4pm on Tuesday 24th December to submit your Defence.

This is very easy to defend and I can tell you that it will never get to a hearing as they will discontinue before they have to pay the trial fee. It is a well known modus operandi of DCB Legal on behalf of their clients. They hope that you are low-hanging fruit on the gullible tree and will capitulate one litigation starts or else screw up the process and they will try and get a default CCJ.

Now that you are here, you will not be paying a penny to ECP.

Here's your defence. You only need to edit your name, the claim number and then sign it bye typing your full name for the signature and dating it. There is also a draft order to go with it and there is nothing to edit in that.

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

When done, save both as PDF files and attach them to an email addressed 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]".

That's it for now.

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

f_slug

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Re: Court claim - Wish Street Rye -
« Reply #2 on: December 15, 2024, 06:44:55 pm »
Thank you so much, you made that look easy! It's really appreciated. 

I submitted my AoS on the 5th December, so I think that brings my date to submit my defence to this Thursday.

I'll send it off and let you know how it goes. I couldn't beleive it when it came through, I thought it was another one of thier fake tactics!     

DWMB2

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Re: Court claim - Wish Street Rye -
« Reply #3 on: December 15, 2024, 06:48:22 pm »
I thought it was another one of thier fake tactics! 
It is one of their tactics to a certain extent - churn out as many claims as they can, in the hope that most will either not respond (leading to a judgement in default), or pay up in fear of court action.

Those who do actually defend themselves are too much effort for DCB Legal, who then eventually throw in the towel. For some backround reading on this - see here: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

b789

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Re: Court claim - Wish Street Rye -
« Reply #4 on: December 15, 2024, 06:58:06 pm »
Thank you so much, you made that look easy! It's really appreciated. 

I submitted my AoS on the 5th December, so I think that brings my date to submit my defence to this Thursday.

I'll send it off and let you know how it goes. I couldn't beleive it when it came through, I thought it was another one of thier fake tactics! 

Not quite. If you didn't submit an AoS, you would only have until 10th December to submit your defence. By submitting the AoS any time before 10th December, extends the deadline for submitting the defence to Tuesday 24th December, irrespective of whether you submit the AoS before the deadline.
« Last Edit: December 15, 2024, 07:01:55 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

f_slug

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Re: Court claim - Wish Street Rye -
« Reply #5 on: December 20, 2024, 11:48:32 am »
Thank you again for all the information. I sent my defence as you advised, it was via the moneyclaim.gov.uk online form rather than email address, perhaps this is a new way that they do it?

I'll update with the outcome.

DWMB2

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Re: Court claim - Wish Street Rye -
« Reply #6 on: December 20, 2024, 11:59:37 am »
Thank you again for all the information. I sent my defence as you advised, it was via the moneyclaim.gov.uk online form rather than email address, perhaps this is a new way that they do it?
No - you were advised to send it via email because that is the best way to do it. Using the online form removes all formatting from your defence and turns it into a solid wall of text. You need to make sure you are following the advice here carefully, and ask if you are unsure.

Did you also send the draft order? If so, how did you attach this alongside the defence?

b789

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Re: Court claim - Wish Street Rye -
« Reply #7 on: December 20, 2024, 03:28:15 pm »
Uh oh! You were not advised to use the MCOL to submit your defence. You were given specific advice on sending the defence by email for a reason.

The Money Claim Online (MCOL) website imposes a defence character limit of 122 lines of text, with up to 45 characters per line, including spaces and punctuation. This equates to a total character limit of approximately 5,500 characters, though exact limits depend on how the text is formatted.

Besides losing all the formatting, you have no idea if all of it went through because of the limits. Assuming you didn't include the header information from the defence and only the body text and the text from the draft order, the text, formatted to 45 characters per line, comes to 4,756 characters and spans 130 lines. So, your defence and order have been truncated by at least 8 lines.

As mentioned above, the draft order will not be visible and the defence is screwed. Your only hope now is that they discontinue anyway, which is still a likely outcome considering they don't actually read the defence.
« Last Edit: December 20, 2024, 03:31:00 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

f_slug

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Re: Court claim - Wish Street Rye -
« Reply #8 on: January 07, 2025, 10:17:38 am »
As you said, dcb legal responded (over Christmas, they don't take a break from being a-holes) to say they would be proceeding. I've considered my options and whether to just settle, but I really don't want to give in to their bullying.

They have said I will be receiving a questionairre from the court, and they've sent me a copy of theirs already filled in. It's just general questions about availability/ venue/ people attending, etc.

I have a witness who was a passenger on the day that I used the car park, who is happy to come to court with me to backup that I had a ticket for the duration of the stay. Will that be helpful?

Thanks

f_slug

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Re: Court claim - Wish Street Rye -
« Reply #9 on: January 07, 2025, 10:26:53 am »
This is the content of the email sent to me by dcb legal... I wonder if I should reply to tell them that I won't be settling?



"Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
 
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
 
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.
 
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not."

b789

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Re: Court claim - Wish Street Rye -
« Reply #10 on: January 07, 2025, 03:21:59 pm »
Trust me, no human was involved in generating that letter. It is a boilerplate that we see every day. It means nothing.

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

f_slug

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Re: Court claim - Wish Street Rye -
« Reply #11 on: January 20, 2025, 08:32:08 pm »
Hi,

I finally received my N180 through the post, and so have filled in the online version that you linked.

I just have one query regarding F1 - I can bring another witness along if that would be beneficial? Or should I just stick with 1 person, just me?

Thank you again for all of your advice.

jfollows

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Re: Court claim - Wish Street Rye -
« Reply #12 on: January 20, 2025, 08:50:54 pm »
You’re not going to court because DCBL will discontinue ……
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f_slug

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Re: Court claim - Wish Street Rye -
« Reply #13 on: February 04, 2025, 10:17:15 am »
I've now received a telephone mediation appointment for next month.

In my mediation appointment do I just outline that I do not agree with claims made against me and I do not agree to pay a settlement fee?

Thanks

b789

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Re: Court claim - Wish Street Rye -
« Reply #14 on: February 04, 2025, 10:49:02 am »
Mediation is not part of the judicial process. There is no judge or solicitors involved.  The only compulsory element is to "attend" the mediation phone call.

Mediation is not the place to argue the legal merits of the case. Simply decline to discuss details – The claimant has your defence. The mediator is not legally trained and must not offer an opinion on the merits of yours or the claimant position. If they do, you enquire as to what their legal qualification is for their opinion and you inform them that you will be raising a formal complaint about their conduct.

Your position is that the claim is without merit, and your offer is £0. Once it’s clear there is no agreement, the mediation should quickly conclude. The case will then proceed to allocation.
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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