Free Traffic Legal Advice

Almost identical to this thread:  https://www.ftla.uk/private-parking-tickets/euro-car-parks-overstayed-while-charging-hire-car/

Which gives details of an initial complaint / appeal - which will be rejected but it does put them on notice you won't be a push over.  On no account identify the driver (either by clicking a drop down box on their website, or by saying 'I did this' rather than 'the driver did').

b789`s usual advice is you will not pay anything to ECP, it most likely will go to a court claim but will be discontinued.

I have had a good read through the most recent posts so I am feeling pretty comfortable. Actually starting to enjoy it....
Thanks for the help and advice you provide.

I would not personally use the 'stock defence' when you appear to have a far stronger defence which directly addresses the facts in the case, namely; that you have not been served a valid Notice to Hirer along with the legally required supporting documents.

We can help with that defence if you wish to defend the matter in this manner?

Understand that DCB Legal pull out in 99% of cases which are defended - they are simply using to court system to pressure people into paying.

The N1SDT form you posted here tells you that you have to post a defence or Acknowledgement of Service by 8 July.
I you file the AoS you have until 22 July to file your defence.
You do both through MCOL.
You are advised to write your defence and post it here for comments. Boilerplate/template defences are increasingly being struck out, so you should stick to the facts and the Particulars of Claim as shown in the N1SDT form.

To check: what exactly have you been sent in your name? If a Notice to Keeper, was it sent to you or just a copy of the hire company’s notice. If a Notice to Hirer (you say not), what other documents were sent with it? Is there a reason a Notice to Hirer didn’t reach you, such as your moving house after entering into the hire agreement?

Do not use the “stock defence” you refer to. In all probability it waffles on about failure of process but has nothing to do with your defence specifics.

You don’t seem to have the original notice sent to you, whatever it was. You can obtain it by sending a Subject Access Request to Euro Car Parks. If you do this now, you should have a response before 22 July.

How is this:-



The defendant refutes this claim for the following reasons.

The claimant is relying on POFA schedule 4 to establish liability. As the vehicle the claimant believes was parked was hired from Enterprise, to establish liability as per schedule 4 the claimant needs to provide the defendant with

1: A Notice to Hirer
2: A copy of the original Notice to Keeper as sent to Enterprise
3: A copy of the original hire agreement between the defendant and Enterprise
4: A statement of liability signed and dated from Enterprise confirming that the vehicle was hired by the defendant and that the defendant is liable for any incurred charges

The claimant has failed to provide ANY of the required documentation to the defendant or the court. This is despite being asked to provide this documentation on the 26th of the 1st 2026 and confirming on the 27th of the 1st 2026 that they had received the request for the relevant documentation. The claimant has at no point in this process engaged with the defendant regarding the missing documentation. Presumably because the claimant was aware that they did not have the required documentation and did not want to admit that.

The claimant is instead relying on a "Final Demand" sent to the defendant on the 28th of the 12th 2025 which does not in any way conform to the requirements of POFA schedule 4.

The defendant asks the court to dismiss this claim as the claimant has failed to establish any liability on the part of the defendant.

The defendant would also ask the court to take into consideration that if the claimant had followed the correct POFA procedures, the defendant would have been given a chance to appeal the parking charge. This appeal would almost certainly have been successful as the defendant did not leave the car park at the time in question. The defendant drove into the car park, parked in the first available disabled parking bay, lifted their wheelchair out of the car, transferred into it from the car seat, pushed across 3 or 4 parking bays to the payment information sign mounted on a supporting pillar, was unable to access the listed webpage for paying the parking fee, was unable to download and install the listed app available for paying the parking fee and had absolutely no wheelchair access to any other payment option at the site. The defendant then got back into the car and exited the car park. All of which happened in direct view of a security camera. A total of perhaps 15 minutes altogether.

This information would have resulted in a successful appeal and the courts time would never have been wasted by this matter.





Is there any way I can add the relevant letters ie the final demand and my response to it, to the defense when I do it online?

Thanks.

So should I just stop at this line?

"The defendant asks the court to dismiss this claim as the claimant has failed to establish any liability on the part of the defendant."

Is the first part ok? I am out of my depth here.