Author Topic: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal  (Read 2182 times)

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Hello all

I'm after some advice how to proceed with this situation please.

The initial incident dates back to 01/08/2020 when the driver was in a Shell Petrol station in Bridgwater.

On the day, the driver stopped at this service station with a colleague in order to get food and drink from the premises and then to sit and eat, drink and have a chat using the facilities that were available on site. It may be pertinent to note that this was just after the COVID lockdown at a time when the regulations in England had recently been lifted but that in Wales (where the driver is located) regulations were still somewhat in place. I'm a little hazy as to the exact regulation changes due to the amount of time that has passed, so sorry for that.

It transpired that the forecourt had ANPR cameras and the vehicle in question was parked longer than the maximum period allowed, a total of 45 minutes.

Upon entering the forecourt neither the driver or colleague noticed any information regarding parking restrictions, nor within the service station.

As I remember there was still an element of social distancing, facemask wearing and hand washing within public spaces.

So, having arrived, ascertained where to park, donned a mask, gone into the building, used the toilet and washing facilities, found the food and drink, gone back outside to the picnic benches on site, had something to eat and drink while catching up with a friend for the first time in about a year, it was whilst walking over to a bin that the driver noticed a sign about parking on the wall of the building, that I think was a 40 minute waiting time, again, the length of time that has elapsed makes me a little hazy, but I believe that was their limit.

Upon noticing the sign, believing that the time was close to their limit, the driver and colleague both left the premises.

And so was received a PCN Notice To Keeper issued 06/08/2020 for an amount of £100 or £60 if paid within 14 days, the colleague of the driver whose vehicle entered and exited the premises directly behind received no such PCN.

Feeling aggrieved at the lack of signage especially given the nationally applied pandemic regulations that were partially still in place I filed a POPLA appeal which was duly rejected, I can't remember the details of that however, I don't know if I have a record of that still.
I think I responded to the notification of who the driver was also.

Following on from that unsuccessful approach, I consulted Pepipoo forums, posted the scenario and a couple of responses at the time stated that responding to the notification was an "own goal" but there was no reason to respond to any notices until a court claim came through.

So, the further notices came in the form of 4 letters from 'Debt Recovery Plus' starting in February 2021 every month requesting differing sums of money each time and then nothing further was heard.

Until November 2024, when DCBL sent their 4 letters, one a month, requesting £170, then sent an LoC dated 20 February 2025.

This has since led to a claim form being received 28/03/2025 that has an issue date of 25 March 2025 for £321.76.

And, I'd really like some advice please as to how to proceed if possible please?

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Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #1 on: »
Before I give you the defence, I need to see the Particulars of Claim (PoC) on the N1SDT Claim Form. Please show us the claim form only. We do not need to see all the other paperwork that came with it.

Only redact your personal info, the claim number and the MCOL password. Leave all other dates showing.

What I can tell you, if the issue date of the claim is 25th March, you have until 4pm on Monday 14th April to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 28th April 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

However, I cannot give you the appropriate defence to to send intel I have seen the PoC.

DO NOT use the MCOL webform to submit a defence. Even single comma in there will be the sum total of your defence. We tell you to send the defence as an attachment by email to a specific address.

Once thing you can be assured is that this will never get as far as a hearing and will either be struck out or discontinued before any hearing fee has to be paid by the claimant.

So, you can go ahead and submit your AoS if you like but please show us the claim form in order to provide you with the correct defence.
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: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #3 on: »
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: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #4 on: »
b789, Thank you ever so much for your time, expertise and assistance with this matter, it is greatly appreciated.

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #5 on: »
Hello again, just had an update on this case in the form of a Judgment for Claimant  (in default) letter.

I proceeded with the directions outlined above and sent the requisite forms to the claimresponses email address on the 10 April and cc'd myself in.

Is it now a question of contacting the CNBC via the telephone number on this letter they've sent to point out they need to check their inbox?

Many thanks

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #6 on: »
When you emailed your defence, did you receive an auto response email from the CNBC? This is a very serious administrative error that we are increasingly seeing from the CNBC.

If you have the email you CC'd yourself, then when you speak to the CNBC tell them that you expect them to get this CCJ set aside using their administrative powers as you have evidence that the defence was emailed on 10th April. DO NOT let them try and fob you off by telling you that you need to submit an N244 application.

Do this immediately. Tell them to email their response to you.

Whenever you ask a question about something you've received from the court, you should always show us the document rather than just try and explain it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #7 on: »
Hi b, yes, I did indeed get the auto reply e-mail after my submission, apologies for not including the document, I'll contact them right away.

Many thanks again.

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #8 on: »
Just a quick update on this, I received a letter in the post today ordering that the judgment be set aside.

Can I offer my immense gratitude for your time, effort and advice in helping me to deal with this case.

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #9 on: »
Please show us that order. There is no such thing as a "claim" being set aside, only a judgment.

In this case, the CCJ that was wrongly made has been set aside. The claim still stands and you will still have to jump through the hoops until they discontinue.
« Last Edit: May 24, 2025, 10:25:06 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain


Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #11 on: »
OK. You are back at the point you would have been just after filing your defence. The CCJ has been set aside and will be wiped from your credit record.

The Claimant will probably continue with the claim. You retain all rights to defend the claim in full.

Next steps (Procedural) will be to wait for directions. Unless already issued before the set aside, the court will order both parties to submit a DQ (Form N180). You would normally receive a letter from the claimants solicitor (DCB Legal) stating that they have received a copy of your defence and their client intends to continue together with a copy of their N180 DQ.

Eventually you will receive a date for a useless mediation phone call at which you simply offer £0and then the claim will be transferred to your local county court where judge will give more directions and deadlines.
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: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #12 on: »
Hello again, the next stage has arrived with the letter regarding the continuation of their claim.

I'm assuming I fill this in and return first of all?

https://drive.google.com/file/d/1C8mAVTZcsJSEzz3yIYL90Bfngf6J2CRX/view?usp=drivesdk

Re: ECP parking fine from 2020 - CNBC claim form issued from DCB Legal
« Reply #13 on: »
This document is not public, I can’t read it unless I “sign in” or something.

If it’s their N180 then you can download and send your own following instructions here such as at https://www.ftla.uk/private-parking-tickets/ccj-for-private-parking-charge-registered-to-my-old-address/msg76361/#msg76361
« Last Edit: June 30, 2025, 02:31:33 pm by jfollows »