Free Traffic Legal Advice

Hello,

I will try and keep this as short as possible. I previously posted on pepipoo and have recently seen they have moved here.

I first entered a Euro carpark (ECP) in Manchester at 12.00.39pm on 15/12/2022. I Purchased a 4 hour ticket for £5 and left the carpark at 15.18.

I had recently moved house and received a PCN to my old address which i never received and it escalated to a recovery agent. I contacted ECP to ask for my Data through a GDPR request and received the above times for entering/leaving the carpark with an accompanying letter saying the appeal stage had passed. I have kept the original ticket which I had on display in my car and could not understand why the PCN was issued in the first place. ECP state No valid pay/display permit was purchased - I definitely dispute this.

After finding Pepipoo i was advised to contact ECP again there was a faulty PDT or keying error, unknown at this time, which led to the issuance of charge. This means you were at no loss whatsoever, so please cancel this PCN or follow the BPA CoP as required. I offered to pay a nominal fee top cover any admin charges and settle this matter promptly out of court.

This week I received notice of court proceedings asking for me to choose one of the following

Admit to the charge and pay full amount

Admit to part of the charge claimed

or dispute the whole claim and potentially counterclaim.

My only error in this chain of events is to not update my logbook address. I have made reasonable attempts to settle this to no avail.

I'm at a loss what to do at this point. I don't want to get and judgements against my credit but feel it's an injustice to pay the full £270

Any advice on what to do at this stage would be greatly appreciated. I have 14th days from the day of service (4th August) to respond to these claims.

Thank you in advance and best regards

+1

For guidance on posting documents see
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

post all sides of all documents, redacting only name & address. Leave everything else in.

I've asked for it to be moved. OP, you don't need to do anything other than to gather together the docs requested, read the guidance for posting these and wait for your thread to be moved.

ECP - Euro Car Parks
'debt recovery agent' - unofficial stage(until October when the unified Code of Practice kicks-in) in private parking procedure twixt creditor's rejection of representations, if any, and Administration of Justice Act process for resolving contractual disputes.

Thank you to everyone who has replied. The issue date of the claim is 30/7/2024 and it is DCB legal

I will gather the documents requested and send redacted copies asap

I have added a selection of letters for collection and the all correspondence from ECP and the NS1DT form. The letter from ECP dated 28/7/2023 is the response to my letter offering to pay an admin fee

Sorry about the ordering of the letters the tech stuff is not my forte.

Thank you in advance for any replies

With a claim date of 30th July, you have until 18th August to file your AoS. Please follow the instructions for doing so in this file:

https://www.dropbox.com/scl/fi/r7pj2q44de5r7dg97yi83/money-claim-online-How-to-Acknowledge.pdf?rlkey=9y9gfemyylmprpjfdimw49qpk&st=qlg56ckp&dl=0

Once you have filed the AoS, you then have until 4pm on Monday 2nd September to file your defence which will be done as a PSF attachment to an email. DO NOT try and file your defence using the MCOL website.

Let us know when you have successfully filed your AOS.

We will advise on the defence soon.

As for the defence, very recently through discussion with a very long serving district judge, it has been recommended that the very long template defence that has been developed and used over the years has lost its effectiveness as judges are familiar with it and tend not to bother reading it as it is considered a boilerplate, “one size fits all” template.

It has been suggested that a “short” defence be submitted with an attached draft order for the allocation judge to force the claimant to submit particulars that fully comply with the CPRs. To date, no roboclaim claimant that has been served with the order has managed to comply with it and the claims have been struck out.

Only the defendants name, the claimants name and the claim reference number need to be edited. The statement of truth can be signed electronically by simply typing your name. Nothing else needs to be added or edited.

The draft order does not require any any editing.

These are the latest versions of the documents as edited this weeks:

Short defence

Draft order for the short defence

The defence and draft order are attached to an email as PDF files. The email subject is simply “Defence for claim [claim number] and the body of the email just states “Please find attached the defence and a draft order for claim [claim number].

The email is sent to claimresponses.cnbc@justice.gov.uk and you CC in yourself. Make sure you receive an auto-acknowledgement email back within a few minutes of sending.