CST Law Claim on behalf of Euro Car Parks for £1.2K for parking on private land

Yawn1

Hi all,

Really hoping I get some advice here. CST Law have launched a County Court Claim (Northampton) against the driver of a vehicle that used to be registered to me. That was issued July 28th, and received 30th July.

Like many people the driver made the mistake of repeatedly parking on private land and not observing signs that noted the implications. Letters from a private car park company (Euro Car Parks Ltd) back in 2017 were ignored as they perceived them to be harmless. The Letters stopped a long time ago but now the registered keeper (me) is being taken to court. I moved homes over a year ago, so not sure if attempts to reach me were made beforehand, but I did receive an LBC like a a week or two ago.

Particulars: The claim is for unpaid parking and collection charges for parking in private car park managed by the Claimant. The Defendant contravened the Claimant's displayed terms and conditions in the car park located at The Quarters - Croydon. Breaches occurred on 20/07/17 to 31/03/2019 and which Parking Charge Notices were issued. 

Claimant claims: £800 parking charges, £211.53 interest (8% pa), £80 for legal costs and another £80 for Court fee.

The particulars are vague, but my assumption is that this is for 8 parking breaches being charged at £100 each.

The vast majority of parking occurred in 2017, so 4years so recollection of events are a bit vague. Needless to say, the Driver wasn't aware they would be entering a contract by parking on the land. No paper work, including PCNs, has been retained. In fact I know longer own the vehicle in question. 

I have registered with MCOL and planned to acknowledge the claim today. I understand will also need to submit a subject access request form to ECP and to CST Law? I know I will need to prepare a defence and there are examples online but concerned other narrative won't necessarily fit into mine. 

What I'm hoping to understand is; Will I be able to defend myself given there are multiple alleged parking offences? Am I better off disputing a portion of the claim or is it fine to dispute the whole claim? Any advice or guidance will be much appreciated.

Redx

Do the AOS online this week

The SAR email is sent to the DPO at ECP , nothing goes to CST law , attach a copy of the claim form as proof of I D under the GDPR law to the SAR , the reply should arrive within 30 days

These should have been appealed at the time , not ignored

If you are the keeper but not the driver , then ECP needed to have complied with POFA in order to hold you liable , for each and every PCN

Everybody has a defence , so you are disputing all of it and letting a judge decide

There are no offences , it's a civil dispute for breach of contract on numerous occasions

Adapt the template defence by coupon mad , just 2 paragraphs need altering , post the proposed draft below , but only what you have changed , it's your homework that needs checking , not coupon mads

Yawn1

Redx said:

Do the AOS online this week

The SAR email is sent to the DPO at ECP , nothing goes to CST law , attach a copy of the claim form as proof of I D under the GDPR law to the SAR , the reply should arrive within 30 days

Thank you, four post was helpful.

I was under impression I would need to send a CPR 31.14 letter to the Claimant's legal representative? Or is that something that occurs later down the line?

Umkomaas

Yawn1 said:

Redx said:

Do the AOS online this week

The SAR email is sent to the DPO at ECP , nothing goes to CST law , attach a copy of the claim form as proof of I D under the GDPR law to the SAR , the reply should arrive within 30 days

Thank you, four post was helpful.

I was under impression I would need to send a CPR 31.14 letter to the Claimant's legal representative? Or is that something that occurs later down the line?

Does not apply to claims on the small claims track. 

KeithP

Yawn1 said:

Really hoping I get some advice here. CST Law have launched a County Court Claim (Northampton) against the driver of a vehicle that used to be registered to me. That was issued July 28th, and received 30th July.

With a Claim Issue Date of 28th July, you have until Monday 16th August to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 31st August 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Snakes_Belly

This looks like a residential car park. Was the driver a resident or were they visiting someone? 

Snakes_Belly

Took a look at those apartments and they are short and longer stay. If the driver was staying they could think that parking was included in the tariff as it mentions car parking but does not mention that it is a pay car park.

Sometimes that happens with the Travelodge. Visitors think that the parking is included.

Coupon-mad

Are there 8 PCNs listed on the letter before claim or does it list fewer, and they’ve added false costs on top?

I AN NOT ASKING ABOUT THE CLAIM FORM. WE KNOW WHAT THAT SAYS.

Snakes_Belly

https://thequarters.co.uk/long-stay/location/croydon/

When they list all the amenities you could easily think that the car parking was included.

They are described as in-house amenities which suggests that they are included in the rental. 
  

Yawn1

Snakes_Belly said:

This looks like a residential car park. Was the driver a resident or were they visiting someone? 

The Driver was visiting.

Snakes_Belly said:

Took a look at those apartments and they are short and longer stay. If the driver was staying they could think that parking was included in the tariff as it mentions car parking but does not mention that it is a pay car park.

Sometimes that happens with the Travelodge. Visitors think that the parking is included.

This isn't far from the truth tbh.

Coupon-mad said:

Are there 8 PCNs listed on the letter before claim or does it list fewer, and they’ve added false costs on top?

I AN NOT ASKING ABOUT THE CLAIM FORM. WE KNOW WHAT THAT SAYS.

I've just stupidly realised - I never actually got a letter before a claim!

I received a letter couple weeks ago saying they thought I may have moved from my current address and it requested that I get in contact to confirm my identity!! That was a couple weeks ago. It never listed any of "contract breaches" or PCNs, or provided a warning I was going to be taken to court.

That was the last letter I received!

Yawn1

Is there a way I can amend /correct my original post??

How do I proceed given I never did receive an LBC?