Free Traffic Legal Advice

Morning,

I, the registered keeper, received a PCN for the above car park, for the vehicle being parked back in November 2022. I replied to the initial PCN from ECP disputing it, which they rejected, but haven’t responded to any letters from the various debt collection agencies (ZZPS, Debt Recovery Plus, GCTT, and most recently DCBL) issued since. I unfortunately cannot find the original PCN from ECP, but do have the collection agency letters if they need uploading too?

I have now however received a N1SDT, which I believe I now need to respond to. Attached https://imgur.com/a/ABTtfAH
I was away when the letter was delivered, therefore conscious the issue date on it is now quite a few days ago.

The driver entered the car park at around 6:30pm. The passenger purchased a ticket from the machine, which was displayed in the vehicle. The sign was read that charges apply from 7am-7pm, therefore a 1 hour ticket was purchased (only a 1hour or 24 hour ticket was selectable) as the car was parked around 6:30pm and parked for around 2.5/3 hours, leaving well before 7am. 
ECP are claiming that there are one set of charges for 7am-7pm, and that a separate charge applies from 7pm-7am, which they say was not paid, therefore claiming the ticket purchased didn’t cover the time the car was in the car park.

Any advice would be greatly appreciated please. If you need any further information on any of the above please let me know.

Thank you.

With an issue date of 30th October, you have until Monday 18th November to submit your Acknowledgement of Service (AoS). To submit your AoS, follow the instructions in this PDF:

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

Once you have submitted your AoS, you have until 4pm on Monday 2nd December to file your defence. Let us know when you have submitted the AoS and we will provide the defence and an accompanying draft order.

I can say with over 99% certainty that this claim will be discontinued early next year. Just follow the advice and it will all be over.

Below is the defence and a look to the draft order that goes with it. You only need to edit your name, the claim number and then sign it by typing you full for the signature. There is nothing to edit in the draft order.

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name]

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 you're ready, you attach both files as PDFs to an email addressed to claimresponses.cncb@justice.gov.uk and CC in yourself. The email subject must contain the claim number. 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 number [claim number]".

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 and CC in yourself. Make sure that the claim number is in the subject field of the email.

The key with the telephone mediation appointments is to remember they aren't aren't a hearing. Stick to your guns. When asked your position, you make clear that you do not believe you have any liability for the claim and accordingly you are not prepared to make any offer to settle.

Don't get drawn into any debate about the merits of your defence. If pressed, make clear that the defendant has received a written copy of your defence, and that you stand by the points made in that document.

Do not take those calls from DCB Legla. They are solely to try and persuade you to settle. If you follow our advice, they will discontinue the claim.

Their M.O. is well known and the way they will be with you is not going to be any different.