Author Topic: Please help. Received a claim form from court  (Read 10088 times)

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Please help. Received a claim form from court
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Hi everyone. I need some advice please. I have always ignored like you advise private parking charges and never had any issues. Today I received a claim form from court for my parking 3 years ago. I basically parked for longer than allowed at a shopping carpark. The company is Euro Car Parks Ltd and documents to be sent to DCB Legal Ltd. The claim form is asking for 305.08 now in all fairness because it was back in June 2021 I can’t remember the original cost. It’s quite a sad story really I was taking my elderly mum to opticians to have her eyes tested for new glasses as she was due to have bowel cancer surgery in June 2021 and had no proper glasses. Whilst there I also had my eyes tested and as mums mobility is terrible we outstayed the car parking time. She does have disability badges if you think that will help for this claim. I’m absolutely gobsmacked they have taken me to court. Please can someone advise me I’d be ever so grateful.
Thanks Sue

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Re: Please help. Received a claim form from court
« Reply #1 on: »
Sorry to hear about your mother.

I have always ignored like you advise private parking charges and never had any issues.
Before we get into the specifics of this case... I'm not sure who 'you' refers to here, but neither this forum, nor PePiPoo, its predecessor, have advised ignoring private parking charges in England and Wales for well over 10 years now.

The good news is that, while we cannot offer any guarantees, a solid pattern of behaviour has emerged with DCB Legal where, provided a defence is mounted, they inevitably discontinue before the matter reaches a court hearing. For some evidence of this pattern, look here: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

The first thing you need to do, is acknowledge service of the claim, using the MCOL online system. When you do this, leave the defence box entirely blank. This will be submitted by email later.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice
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Re: Please help. Received a claim form from court
« Reply #2 on: »
Thank you for your speedy reply. Ok so I’ll log in online and acknowledge receipt but at what point do I file my defence. I wanted to show them proof I was at opticians. Which I do have proof. Proof of mums cancer hospital letter and proof she owns a disabled badge. Or do you think my evidence is a waste of time.
Thanks

Re: Please help. Received a claim form from court
« Reply #3 on: »
Just follow the excellent advice. Presumably you are the registered keeper? there is no requirement to name the driver. More advice will be along when the sun rises!
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: Please help. Received a claim form from court
« Reply #4 on: »
Thanks. I’m just acknowledging now do I tick the box that says defend all of this claim or I intend to contest jurisdiction? I have to choose one?
Many thanks

Re: Please help. Received a claim form from court
« Reply #5 on: »
Defend all.

You are not contesting jurisdiction - that's for cases where, for example, you don't live in England or Wales.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Please help. Received a claim form from court
« Reply #6 on: »
Thanks so much. I’ve done that now. What’s next? I really appreciate this help I’m getting off you. Shall I start getting my evidence of disabled badge and spec savers visit?

Re: Please help. Received a claim form from court
« Reply #7 on: »
I hope you followed all the advice on submitting your AoS as per this document:

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

Before you try to dig a hole and tell your story in your defence, consider the following points:

Check the date that the Particulars of Claim (PoC) say the PCN was issued. Note that a PCN cannot be issued on the same day of the alleged breach of contract. ECP would have to make a request to the DVLA to get the Keepers details which cannot happen on the same day.

So... is the date they say the PCN was issued the date of the alleged breach or is it the date they actually issued the Notice to Keeper (NtK)?

That is the first breach of the Civil Procedure Rules (CPR 16.4) in their PoC.

They refer to a "contract" that has been breached. Is the contract they refer to, detailed or attached as required under CPR PD 16(7.5)?

Second breach of the CPRs.

Do the PoC state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on?

Do the PoC 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?

Do the PoC state exactly how the claim for statutory interest is calculated?

Do the PoC state what proportion of the claim is the parking charge and what proportion is damages?

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.

So, think about this... if you know nothing at all about the PCN before the claim arrived, would you be able to plead a defence based on the information provided in the PoC? I doubt it and therefore, the PoC are woefully inadequate and breach CPR 16.4.

The following is the suggested defence you should submit together with a draft order. You only need edit your name, the claim number and then sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.

Both documents should be saved in PDF format and attached to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be included in the email subject field and you put the following in the body of the email: "Please find attached the defence and accompanying draft order in the matter of Euro Car Parks 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 clearly set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(d) 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;

(e) The PoC do not state exactly how the claim for statutory interest is calculated;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) 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
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Please help. Received a claim form from court
« Reply #8 on: »
Oh wow thank you so much. Shall I do this today on same day as acknowledging them or shall I wait? Going to have a go now of downloading the files from drop box.

Re: Please help. Received a claim form from court
« Reply #9 on: »
Please can I have the link for the first defence as there is only one link for the draft order. Or shall I just type it out again? I’m so sorry I’m being a nuisance.

Re: Please help. Received a claim form from court
« Reply #10 on: »
You can just copy and paste the defence from the text provided above.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Please help. Received a claim form from court
« Reply #11 on: »
You should copy and paste the defence into your preferred word processor and make sure you keep to the format shown. When done, save/export it in PDF format.

There is no rush to submit the defence. With an issue date of 5th November and having submitted your AoS, you have until 4pm on Monday 9th December to submit the defence.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Please help. Received a claim form from court
« Reply #12 on: »
I am ever so grateful for your help. I’m trying to buy my first home so a ccj would be terrible right now. I do get the opportunity to pay this still don’t I if this doesn’t work ? Assuming the judge either quashes this or a hearing date will come next?
Thanks again
Totally clueless I am.

Re: Please help. Received a claim form from court
« Reply #13 on: »
Yes - if the worst happened and you lost in court, providing you paid the judgement promptly it does not appear on the public record
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: Please help. Received a claim form from court
« Reply #14 on: »
I wasn’t going to go as far as court my intention was to pay before court hearing. I’m hoping this defence will make it all stop and go away. Or will this go to court anyway? Regardless of my defence? Is that how it works and they only look at my defence on the day of court? As if I’m totally honest I don’t understand any of my defence so I wouldn’t be able to stand up in court and explain it.