Author Topic: ZZPS is chasing contravention dated Oct 2020 on behalf of Euro Car Park Ltd.  (Read 3664 times)

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The answers to your questions are given in the very helpful post by b789 above:
No AoS means you have less time to submit your defence and if you don’t you’ll probably be found guilty.
Draft Order is given to you to submit as is.

You’re being very helpfully spoon-fed, what’s the problem?
« Last Edit: February 10, 2025, 10:04:38 pm by jfollows »

if you don’t you’ll probably be found guilty.
[...]what’s the problem?
At risk of sounding pedantic, they're not going to be found 'guilty' in the civil court. Let's not chastise OPs for asking good faith questions to further their understanding of the process.

Quote
Do we have to provide any case reference when we say  ''The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court'' or we are referring to this format as the draft order?
You can just provide it 'as is'

You do not ned to submit an AoS. By submitting an AoS, you gain an extra 2 weeks to submit the defence. In this case, if you do not submit an AoS, you have until 4pm on Tuesday 25th February to submit the defence.

The defence includes a draft order that the allocation judge can choose to use, or not, with which to order the claim be struck out for failing to comply with CPR 16.4. If the allocation judge chooses not to strike out the claim, it will be discontinued in any case before the claimant has to pay the hearing fee.

This is not a criminal matter being tried. There is no finding of guilt as no 'offence' has been committed. This is simply a civil contractual matter and the court, in these cases, is simply a dispute resolution service. ECP are claiming that you are in debt to them and owe them money. The judge decides (if it were ever to get as far as a hearing, which it won't) whether you owe that debt or not.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

At risk of sounding pedantic, they're not going to be found 'guilty' in the civil court. Let's not chastise OPs for asking good faith questions to further their understanding of the process.
Fair point, thanks.
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Hi there,

I did send the application, and the court claimed that they never received the justification. When called court admitted their mistake and replied to say they will review and send the decision. However, received a letter from the court to say they have allocated this to small claims. Also, recevied a letter from DCB legal to say that they would like to challenge this further. Please find attached.

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Nothing unusual. 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:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question
.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

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

Thank you all.

Have received an email from SCMS_Confirmation@justice.gov.uk and have received a mediation appointment in June. Below is the email content:
Your telephone mediation appointment

Appointment date: 06/06/2025

Appointment time slot:

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.


Preparing for your appointment
You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.


Rebooking your appointment
If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.


Nominating a different representative
If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.


What happens in your mediation appointment?
Introduction from the mediator
The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position
You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 
You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement
Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement
The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.


Confidentiality
All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.


Ending the mediation process
The mediator can end the mediation if, at any time:

either party breaches the terms on which they agreed to mediation
there is no prospect that the mediation will end in settlement
the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.


Small Claims Mediation Service contact details
If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

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Normal. Your only obligation is to “attend” the call. It is not part of the judicial process and no judge is involved. You offer £0 and it will be over in minutes.
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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Much appreciate your help.

Is it okay to say that I cannot even remember what happened, as this was five years ago? I genuinely cannot remember why this PCN was issued in 2020.

I wouldn't. Saying that opens the other side up to say they remember what happened, which is that your vehicle was parked in contravention of the terms etc.

As noted, the mediation call is not a hearing, and it's purpose is not to argue the substance of the case. State that you stand by the contents of your submitted defence, that you do not believe you owe ECP anything, and accordingly you are prepared to offer £0 in return for the case being discontinued.

Received an email after mediation as per below. Please advise further

"Thank you for using the Small Claims Mediation Service today.

Although a settlement could not be reached on this occasion the parties are reminded that Court is considered a last resort and in which case both parties are encouraged to continue to communicate where possible in an attempt to resolve the claim, you may find that today's mediation gives you both a base upon which to build on.

If the parties can satisfactorily resolve the matter without the need of the Court, the Claimant should complete a notice of discontinuance using the appropriate form in the link and file it with the appropriate Court; N279 - w3 Notice of discontinuance (6.99) (publishing.service.gov.uk) or update Online Civil Money Claims through your account.

If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow. It is important that both parties follow these instructions and adhere to the timetable set down by the Court which will include a further court fee and a final hearing for determination of the matter. Further information can be found at; Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

Many thanks for your participation in Mediation.

If you require any further information please contact us at the below details."

Received an email after mediation as per below. Please advise further

What is not clear about this bit?

Quote
If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Sorry, I was meaning to ask what could happened. Can the court strike the case at all?

Yes, but not at this stage. If the claim is not struck out at allocation, then they will eventually discontinue before the trial fee has to be paid.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: ZZPS is chasing contravention dated Oct 2020 on behalf of Euro Car Park Ltd.
« Reply #29 on: »
Hello,

Received the Notice of Allocation. Please help, as the claim is not struck out. Below is the notice


https://ibb.co/0R033Js5
https://ibb.co/gpqdgtW
https://ibb.co/DPVV08Ns
https://ibb.co/Xkv2QMKT



Thank you!