Euro carparks / QDR solicitors letter before court action please help

yetneveragain

Theyreallouttogetme said:

I have written to my local counsellor and also my MP and they have supported me to the hilt and my MP has also written directly to the managing director of Euro car parks. all to no avail. today I received something called 'claim form' to (I assume) appear at the national civil business centre (county court?) in Northampton.

It is asking for a response on my intended action. I am resolute and intend to fight. Can anyone give general advice on this please.

importantly, I come from South Shields in the northeast and South Shields is also the location of the car park. Is it possible for me to ask for transfer of this case to my local court in South Shields.

The CNBC is not a county court. It is just a processing centre for claims. If/when a hearing is allocated, it would be a to a county court local to you, the defendant. However, according to the PoC, this should be thrown out at allocation stage as per the CEL v Chan failures.

You must complete the AoS before the 23rd January. Use the MCOL site to do that. DO NOT use MCOL to submit your defence.

Assuming you complete the AoS before 23rd January, your defence must be submitted by 4pm on 6th February.

Theyreallouttogetme

yetneveragain said:

Theyreallouttogetme said:

I have written to my local counsellor and also my MP and they have supported me to the hilt and my MP has also written directly to the managing director of Euro car parks. all to no avail. today I received something called 'claim form' to (I assume) appear at the national civil business centre (county court?) in Northampton.

It is asking for a response on my intended action. I am resolute and intend to fight. Can anyone give general advice on this please.

importantly, I come from South Shields in the northeast and South Shields is also the location of the car park. Is it possible for me to ask for transfer of this case to my local court in South Shields.

The CNBC is not a county court. It is just a processing centre for claims. If/when a hearing is allocated, it would be a to a county court local to you, the defendant. However, according to the PoC, this should be thrown out at allocation stage as per the CEL v Chan failures.

You must complete the AoS before the 23rd January. Use the MCOL site to do that. DO NOT use MCOL to submit your defence.

Assuming you complete the AoS before 23rd January, your defence must be submitted by 4pm on 6th February.

thank you so much for responding so quickly I really appreciate it. part of the response form is asking me for my bank account details. can I safely assume that I can refuse to provide these.

yetneveragain

Do not fill in any of the forms provided with the N1 claim. For further assistance, you should carefully read the Newbies/FAQ thread. I believe that the second post of that thread deals with claims and how to respond to them.

Le_Kirk

Before you ask questions it's always good to refer to the NEWBIE sticky, as the answer will be there.  By the way, you have left your password showing on the claim form. 

Castle

The claim form refer to "detailed particulars of claim" which would suggest that these will be sent separately, (although, the wording of the claim is so poor who knows if this will happen).

Not_A_Hope

That is the second absolutely hopeless but exact same particulars of a claim I have commented on today. Multiple PCNs, locations specified.????  When you write your Defence include the recent Chan paragraphs about poor particulars that should see this laughed out of court at that stage.

Do not mention that it is an alleged overstay at this point. In the unlikely event it goes to a court hearing you can state in your witness statement that the entry and exit times are not the period of actual parking. On such a large car park your time actually parked will be much less.

Coupon-mad

Theyreallouttogetme said:

this is the letter

It will be interesting to see if QDR serve detailed POC within 14 days. I think they will.

Bellatrix42

I’ve had the exact same letter dated 4th Jan. I’ve written my defence already but on hold now after helpful comments on here. Waiting to see if I receive any more POC within 14 days.

Johnersh

If the PoC are equally generic there's a great piece of evidence to argue that they're not remotely worth the legal fees they seek. Factory issued tripe.

Tiredofbeingdone

This is really interesting. I have received EXACTLY the same PoC text (different reg, of course) also issued on exactly the same date. As far as I’m concerned the text is absolutely not “particular” as there is no detail whatsoever.

On the PoC:

1. It refers to multiple charge notices when parked at the locations specified (note the plural notices & locations). I have only received one notice regarding an alleged contravention at one location - which I dispute. I would have expected the PoC to set out in detail why they are making a claim – times, location, nature of the contravention, how the charges are calculated etc.

2. It appears to indicate that Detailed Particulars of Claim will follow (truncated), but they haven’t, so far. I understood that if a claimant wished to formally add/forward detailed particulars then there is a check box on the form to be ticked, and this then removed three lines of available text for the claimant to use, as standard detailed particulars text is added as a part of the process. They have used 24 lines of text, if they are separately submitting detailed particulars I beleive this is reduced by three lines.

If this box is ticked, I believe the provision of the additional information becomes a formal part of the process. I wonder if they have done this out of incompetence or a cheeky circumvention.
I’m still debating asking Euro Car Parks for the detailed PoC, but it will be with a short deadline as time as running short.

3.Same as above for the interest claim, I understood they had to tick a box which further reduces available text lines in the POC section

This all appears to have been quite sloppily prepared and then copy-pasted en masse as some kind of New Year’s resolution.

I recognise this thread is not about me but I’ll be watching closely for any advise that may occur on how to effectively respond. I have also been carefully reading the template advice too.

Thanks for all the help and support given in these forums. And good luck to Theyreallouttogetme and Bellatrix42 who appear to be going through exactly the same grief as me.