Euro Parking Services Court Action

KeithP

smach123 wrote: »

** UPDATE ** I have now received a Claim Form.

What is the Date of Issue on your Claim Form?

Sheldore123451453

Will any of this affect my credit? It says my details will be entered in a public register. I am getting stressed and simply do not have time anymore. Being a final year student, I have too many assignments coming up and feel like I won't have the time to write my defence.

Coupon-mad

smach123 wrote: »

Will any of this affect my credit? It says my details will be entered in a public register. I am getting stressed and simply do not have time anymore. .

No it won't, if you follow what is in the NEWBIES thread 2nd post.

Please read it as already signposted. Shouldn't take long to just familiarise yourself with what to do, and save yourself a 3 figure sum.

Quentin

smach123 wrote: »

Will any of this affect my credit? It says my details will be entered in a public register. I am getting stressed and simply do not have time anymore. Being a final year student, I have too many assignments coming up and feel like I won't have the time to write my defence.

It will only go on the public register if it ends in a Court hearing which you lose AND subsequently don't pay the amount awarded the claimant in full within a month.

Do that and the CCJ is removed from the register. If you don't pay it off in full then it does stay on the register for 6 years irrespective of whenever you eventually pay it

You will need more time for this than just doing a defence

Read up on the court process in the FAQ as advised in #31 above so you understand what is actually involved

System

Do you have a pic of the signs there? Or can you get one?

The earlier posting (#25) shows the car not in a bay so the wording on the signs will be key.

Sheldore123451453

Sorry for the late reply.

ht tps://prnt.sc/lhfh7n
This is what they sent me in through email a while back. I believe there was no actual signage outside the car park and the sign shown in the link is right at the back by the ticket machine above on a wall along with other signs around the car park. (I will look and confirm this tomorrow) However I used the other ticket machine and believe another parked car obscured the sign.

Also to note, I no longer own the vehicle so would this affect me in any way?

Sheldore123451453

My main point is I did not cause any obstruction to any other vehicles. Is there something I could add to this defence I found in the forum?

IN THE COUNTY COURT

CLAIM No: to be added

BETWEEN:

EURO PARKING SERVICES LTD (Claimant)

-and-

to be added (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration (to be added), of which the Defendant is the registered keeper, was parked on the material date in a marked bay allocated at Eastside Car Park.

3. The Particulars of Claim state that the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles must be parked correctly within their allocated parking bay, giving no definition of the term 'correctly parked', nor indicating which bays are allocated to whom.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

KeithP

KeithP wrote: »

What is the Date of Issue on your Claim Form?

An answer to this question may help you.

Sheldore123451453

2nd November

KeithP

With a Claim Issue Date of 2nd November, you have until Wednesday 21st November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Wednesday 5th December 2018 to file your Defence.

Just over four weeks. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.