3. parking on private land
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parking on private land
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Hello wonder if you can help
I have been taken to court by Euro car parks for allegedly parking on a petrol forecourt over the time limit of 15 mins
The Notice refers to a maximum parking of 15 minutes
However my argument is that
1. I was not parked but merely using a service provided that lasted an hour. It is an outdoor laundry. So how do you put a limit that is shorter than the service provided. I couldn't leave my laundry for reasons of liability. I did what any reasonable user would do which is to wait and operate the laundry as it goes through its process
The sign does not mention STOPPAGE whether there was a limit on how long one can stop for a service
2. the petrol station itself does not have a car park.
I believe this is not a case of parking
They referred the case to DCBLegal who have used their court system to push through a default judgement despite me entering a defence within time. All parties have refused to acknowledge that this is not a parking situation  as described at 5.1.3 of the parking on private land document Gov.UK in force at the material time

2. I believe that DCBL used their own court system to push through this case bypassing any submissions from myself

I responded to euro car parks back in 2021 I stated my case that thia is not a parking issue
6/11.24 submitted mydefence to DCBL. They responded that they couldn't find the case.
18/12/24 emailed the business court with my defence and photo evidence of the petrol station and launderette
They responded that they do not recognise the case number 

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« Last Edit: January 03, 2025, 06:48:17 pm by Dolly »
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Re: parking on private land
« Reply #1 on: »
Welcome.

We need to take a step back and figure out what has happened when, before even looking at the circumstances of the case. DCB Legal do not have "their own court system".

You have shown us one document, which is a Letter of Claim, and is dated in October. Following that there should have been a Claim Form from the County Court business centre. Did you receive that? If so, show us this form. The dates will be important.

You say you submitted a defence... How was this submitted, to whom, and when?

You say you have received a default judgement. Can you show us the letter you received about this? In particular again the dates will matter here.
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Re: parking on private land
« Reply #2 on: »
I have removed those documents as you left your full name and home address visible! Please hide those before re uploading.
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Re: parking on private land
« Reply #3 on: »
What a pity you hadn’t come here before you did anything else. With an issue date of 20th November, you had until Monday 9th December to submit a defence or an Acknowledgement of Service (AoS) to extend the defence deadline to 4pm on Monday 23rd December.

I note that the default CCJ was issued on Monday 16th December. That means you did not submit an AoS or defence by 9th December.

You claim to have submitted your defence on 6th November, which is an impossibility as the claim was not issued until the 20th November. All you’ve shown us is a handwritten appeal to ECP dated 10th March 2021.

By not responding to the N1SDT claim form from the CNBC, you have received a default CCJ. If this is not paid in full by Monday 13th January, you will have the CCJ on your credit file for 6 years, causing you untold financial pain.

If you had simply defended the claim within the deadlines quoted above, you would not have paid a penny to ECP as the claim would have eventually been discontinued.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: parking on private land
« Reply #4 on: »
Sorry Adjustment to the information
18/10/24 Dcbl issue a letter before claim
6/11 I responded via email refuting and defending the claim
2/12/24 Dcbl admin responded they could not find the case
12/1224 emailed dcbl who responded with an auto note that they will try to respond in 10 days
I wasn't satisfied so I submitted an N9B defence to the court along with photo evidence of the petrol station
18/12/24 received an auto reply from the court acknowledging the response. O also asked that the case could be diverted t o a court near me
16/12/24 informed of default judgement
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Re: parking on private land
« Reply #5 on: »
Sorry. 30/12/24 Case progression team CNBC do not recognise the claim number


CaseProgression.CNBC <CaseProgression.CNBC@justice.gov.uk>
13:00 (7 hours ago)
to me

Hi

 

Thank you for your enquiry.

 

L44KF1X8W

 

 

I am sorry, the case number you have provided is not recognised on our system.

 

Please check the case number and resend your request.

 

 

 

 

If you require any further information please email us or contact our helpdesk.

 

 

Regards

Silvia McCool

Correspondence Team

Address:
Civil National Business Centre (CNBC)
St Katharine’s House
21 – 27 St Katharine’s Street
Northampton
NN1 2LH
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Re: parking on private land
« Reply #6 on: »
Did you submit an Acknowledgement of Service (AoS) by Monday 9th December? What date did you submit the N9B defence and how did you submit it? Online, by email or by post?

If you didn’t submit an AoS by the 9th December and your N9B was not received by 16th December, then it doesn’t matter. The claimant requested a default CCJ on the 16th December.

You appear to be very lax with your dates and numbers. Of course no one could find your claim number “L44KF1X8W” because that number is not your claim number!!!

You claim number has one less “4” in it. L44KF1X8W
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: parking on private land
« Reply #7 on: »
Hello
Sorry I had to leave chat for a while

In response to your questions
I did not provide an AoS I went straight for the defence. delivered 12 December after having no response from DCBL. Which is only 3 days after the 9th. Within 4 days they delivered a judgement.
I have written to the court requesting that the case be retried, as I don't believe the proper due process has been followed. A judgement would not come out so quick. Their process is quite slow. They advised 10 days before they would respond to my email .

What I would like to know, is what I can do to slow this process down and challenge this false allegation. Do I need to run this over with an adjudicator. I feel that the rules of parking(following the Gov.UK private code of practice) does not apply to this case

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Re: parking on private land
« Reply #8 on: »
How did you submit your defence?

Did you definitely use the correct claim number? You used the wrong one in the email you've shown us...
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Re: parking on private land
« Reply #9 on: »
FUBAR/SNAFU

Quote from: Dolly on January 04, 2025, 09:24:37 pm

I did not provide an AoS I went straight for the defence. delivered 12 December after having no response from DCBL. Which is only 3 days after the 9th. Within 4 days they delivered a judgement.

I’m not sure about your maths but I already told you... you had until Monday 9th December to submit an AoS or a defence. If you had submitted an AoS, your deadline for filing a defence would have been extended until 23rd December.

You did not file anything until 12th December, 3 days after the deadline. What exactly you mean by “delivered 12 December”? The AoS or defence had to have been received by 9th December.

Whatever it is you think was “delivered 12 December” was not a defence. There is no human involvement in the process of the claimant obtaining a CCJ by default if you miss the deadlines. The claimant sees no AoS or defence and clicks the button and... hey presto! A CCJ by default.

There is nothing left to “slow down”. All you can do now is either pay the CCJ in full within 28 days of judgment if you want to avoid 6 years of financial pain or you can apply for a set aside of the judgment which is going to cost you £303 just to submit the application with no guarantee that a judge would agree to it as it looks like “credit cleansing” and even if it was allowed, you’d still have to defend the original claim.

SNAFU
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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: parking on private land
« Reply #10 on: »
I think you have unfortunately fallen victim to deadlines here, rather than DCB Legal/their client.

B789's summary seems accurate to me. The claim form from the court sets out that there are deadlines for submissions which, unfortunately, you failed to meet.
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Re: parking on private land
« Reply #11 on: »
OK  thanks very much
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Re: parking on private land
« Reply #12 on: »
Good NEWS!

The courts have agreed to set aside the judgement as they confirm the defence was submitted in time . Not only that,the case will be reassigned to a court near me(if necessary)
Euro car parks will be informed that they submitted a wrongful claim as there may be a breach of code of practice on their part one being, the authority to  take me to court
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Re: parking on private land
« Reply #13 on: »
That sounds positive - What did you submit to the court for them to do this (if anything)? Can you show us the communication they have sent confirming this?

Quote
Euro car parks will be informed that they submitted a wrongful claim as there may be a breach of code of practice on their part one being, the authority to  take me to court
What do you mean by this? You've already submitted your defence.

Now it's back up and running there's a fair chance DCB will discontinue.
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Re: parking on private land
« Reply #14 on: »
Quote from: Dolly on January 09, 2025, 09:23:11 pm
Please find attached the court judgement

where?
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Quote from: andy_foster
Mick, you are a very, very bad man
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