Free Traffic Legal Advice

I have received a county court claim (to an address I no longer live at) from Euro Car Parks in relation to a PCN for parking in a garage forecourt for 10mins. What is the best way to defend this? As I haven’t lived at the address I have not received any of the PCN letters. Currently updating my V5C so I receive any further letters. Thanks

Updating your V5C now will not stop further letters about this going to the old address. The only way you can change the address for service is to complete the Acknowledgement of Service (AoS) with the correct address for service. Without knowing what the issue date of the claim is (please show us as advised in the previous post) but assuming that it is no earlier than 8th January, the you should submit your AoS according to the instructions in this linked PDF document:

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

However you MUST also send a Data Rectification Notice (DRN) to the DPO's of both ECP and DCB Legal. The DRN must instruct them to update their records with your current address for service and to erase your old address. The highlighted words are there for a reason and you must use them.

Having submitted the DRNs and the AoS, you will then have to submit your defence. Until we have seen the Particulars of Claim (PoC) (even though we already know what they state) and you've told us the date of issue of the Claim, there is not much more we can do. We will provide a suitable defence once we know that the AoS has been submitted and the deadlines are all OK.

No one pays a penny to ECP if they issue a claim through DCB Legal as they will eventually discontinue as long as the claim is defended.

With an issue date of 15th January and having submitted your AoS, you have until 4pm on Monday 17th February to submit the defence.

The difference between a Gladstones and DCB Legal issued claim is that DCB Legal will discontinue no matter what as long as the claim is defenced and the defendant ignores all their calls/emails/letters to settle. Gladstones are just woefully inept and their Particulars of Claim (PoC) fail to comply with CPR 16.4(1)(a) and the claim is more likely to be struck out.

I will provide a suitable defence over the next couple of days.

Many thanks for all the help

Here is the defence and link to the draft order and relevant transcripts that go 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 send all the documents as PDF attachments 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 Parking Services Ltd v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

Euro Parking Services 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(1)(a).

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 cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.

5. The Defendant also attaches to this defence a copy of a draft order previously issued by a district judge at another court in a similar case. In that case, the court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4(1)(a). 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) Failed to 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.

6. 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(1)(a).

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:[/b]

Draft Order for the defence

CEL v Chan Transcript

CPMS v Akande Transcript

DO not use the MCOL for anything except the AoS. After that, you only use MCOL to check the history. Everything else will be by email from now on.

I have now received a N180 Directions Questionnaire (small claims track). What info should I provide in this?

It asks if I think the claim is suitable for determination without a hearing?

It also asks about mediation, expert evidence and witnesses

Thanks

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:


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 enquiries@gladstonessolicitors.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.