3. Euro Car Parks - Parked Longer than the Maximum Period Allowed - MFG Cricklewood - Now escalated to Court!
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Euro Car Parks - Parked Longer than the Maximum Period Allowed - MFG Cricklewood - Now escalated to Court!
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On 05/04/2023 I received a PCN for parking longer than the maximum period, I was in a petrol station queuing up to wash and hoover my car. It is a maximum stay of 15 minutes with no return within an hour, but there was a queue of cars in front of my vehicle trying to access the jet wash and hoover. I later find out that inside the shop of the petrol station you can register your vehicle so that you don't get issued a ticket, which isn't made clear on the signage. After not responding to Euro Car Parks LTD they have now escalated the matter to the Civil National Business Centre Northampton where I am being taken to court and threatened a CCJ. I have also decided that I will not pay the company and will try to fight the matter with the court, the only issue is I don't know how to respond on my defence. I never managed to keep any of the initial letters that were being sent to me by Euro Car Parks. I have attached the particulars of claim.

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Re: Euro Car Parks - Parked Longer than the Maximum Period Allowed - MFG Cricklewood - Now escalated to Court!
« Reply #1 on: »
Welcome. You won't be paying a penny to ECP. Follow the advice and the claim will, in due course, be discontinued.

With an issue date of 3rd January 2025, you have until Wednesday 22nd January to submit your Acknowledgement of Service (AoS). By doing so, you them have until 4pm on Wednesday 5th February to submit a defence.

In the meantime, read the PDF linked to below on how to submit your AoS:

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

Once you have submitted the AoS, let us know and we will provide you with a suitable defence to submit by email.
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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: Euro Car Parks - Parked Longer than the Maximum Period Allowed - MFG Cricklewood - Now escalated to Court!
« Reply #2 on: »
Hi there,
I have just followed the steps and submitted the AoS, Thank you. What are the steps that follow?
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Re: Euro Car Parks - Parked Longer than the Maximum Period Allowed - MFG Cricklewood - Now escalated to Court!
« Reply #3 on: »
Having submitted your AoS, you now have until 4pm on Monday 10th February to submit your defence. As the Particulars of Claim are so woefully inadequate and do not fully comply with CPR 16.4, it is almost impossible to plead a proper defence.

Here is the defence and the draft order. You only need to edit your name, the claim number and sign the defence by typing your full name for the signature. There is nothing to edit in the draft order. When done, save them as PDF files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must appear in the email subject field and in the body of the email put "Please find attached the defence and draft order in the matter of Civil Enforcement ltd. v [your full name] Claim No.: [claim number]".

Quote
IN THE COUNTY COURT
Claim No: [Claim Number]

BETWEEN:

Euro Car Parks Ltd
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 they face 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:/quote]

Draft Order for the defence
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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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