Euro Car Parks - DCB Legal LTD - Court Claim 2025

Merseyside1978

Just working on my paragraph 2 & 3 

This look ok or do i need to amend 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 01/10/2023, as alleged.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever.

3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in Morrisons for the many years that it was a free car park .The driver of the vehicle attempted to use the on site machinery to pay for a parking ticket but was unable to do so due to equipment malfunction. Upon realising they would not be able to pay, they left the car park. The signage provided at the car park entrance is barely legible from a moving vehicle upon entering, and the tiny signs setting out the terms of parking are completely unreadable unless standing directly in front of the aforementioned sign. See paragraph 24 for relevant remarks from ParkingEye vs Beavis regarding small signage and tiny font."

Merseyside1978

Claim History

A claim was issued against you on 27/05/2025

Your acknowledgment of service was submitted on 05/06/2025 at 11:04:46

Your acknowledgment of service was received on 05/06/2025 at 14:05:09

Think im good ? 

Car1980

3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in Morrisons for the many years that it was a free car park .The driver of the vehicle attempted to use the on site machinery to pay for a parking ticket but was unable to do so due to equipment malfunction. Upon realising they would not be able to pay, they left the car park. The signage provided at the car park entrance is barely legible from a moving vehicle upon entering, and the tiny signs setting out the terms of parking are completely unreadable unless standing directly in front of the aforementioned sign. See paragraph 24 for relevant remarks from ParkingEye vs Beavis regarding small signage and tiny font."

I wouldn't even get into the signage at this stage. You simply declined the contractual offer, left and so no contract exists between the parties. And you say you can't remember and then come up with a lot of detail :-)

I'd just say:

3.1 The Defendant attempted to use the on site machine to pay for a parking ticket but was unable to do so due to equipment malfunction. Upon realising they would not be able to pay, they left the car park.

The Claimant's contractual offer was therefore effectively refused and certainly voided by their inability to take payment. No contract was formed between the two parties. No contract ever existed to have been breached. 

Merseyside1978

this is where i am at with paragraph 2 / 3 

facts of my case are i parked in this place millions of times before then one day i parked there and i needed to pay but was totally unaware ....... how does the below look ? 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 01/10/2023, as alleged.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever.

3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park numerous times for many many years when it was a free car park . The Defendant attempted to use the on site machine to pay for a parking ticket but was unable to do so due to equipment malfunction. Upon realising they would not be able to pay, they left the car park.

The Claimant's contractual offer was therefore effectively refused and certainly voided by their inability to take payment. No contract was formed between the two parties. No contract ever existed to have been breached. 

1505grandad

"3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park numerous times for many many years when it was a free car park ."

Don't understand why you keep stating the above and then proceed in the same para to explain the precise details of the parking event.

Coupon-mad

It'll be fine if you remove this:

"Due to the length of time, the Defendant has no recollection of the day in question."

  

Merseyside1978

What is the date i need to file my defence by please ? 

Gr1pr

Merseyside1978 said:

What is the date i need to file my defence by please ? 

4pm on Monday 30th June,  if your AOS online was done online between 5 and 19 days after the May 27th issue date 

Merseyside1978

Just preparing my P#2 & P#3 - date for submission is 30/06/2025 

Is this ok ? 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 01/10/2023, as alleged.  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever.

3.1 The Defendant has parked in this car park many times and for the many years that it was a free car park . The Defendant attempted to use the on site machine to pay for a parking ticket but was unable to do so due to equipment malfunction. Upon realising they would not be able to pay, they left the car park.

The Claimant's contractual offer was therefore effectively refused and certainly voided by their inability to take payment. No contract was formed between the two parties. No contract ever existed to have been breached. 

Coupon-mad

Very good. Follow the well-trodden path.

The claim will be discontinued by Christmas.