Claim Form ( Euro Car Parks )

baz417

Hi everyone, 

I have received another claim form this today ( has won one with help from this thread last August). I have rushed last year due to lack of knowledge but I hope not to repeat here and follow the guidance given here:

As per my understanding I have to...

1. Acknowledge the claim online information given on the claim  form (  The claim was issued on 30th of July and its mentioned on this thread to acknowledge after day 5 so I can acknowledge from today onwards? ) 

2. Prepare the Defence ( following the template Defence on the thread ) and send it via email to 

ClaimResponses.CNBC@justice.gov.uk 

3. Direct Questionnaire 

4. Witness Statement & evidence stage

I am going to read throughly the Newbies Thread again to familiarise myself and hopefully fight back successfully with the support of all from this thread.

Please let me know what other important things I need to know...

Below is the claim form ( have marked out the details this time .. remembering last year panic situation) 

Thanks 

Coupon-mad

Yep you got it.  This will end with DCB Legal discontinuing in 2025.

baz417

Thanks. You were a great help in my last claim otherwise I would not have succeeded.

Is there benefit of waiting few more days to do AOC online? as I am thinking of doing it today. 

Coupon-mad

No benefit. Do it today.

baz417

Coupon-mad said:

No benefit. Do it today.

OK, Will do todays. Thanks 

KeithP

With a Claim Issue Date of 30th July, you have until Monday 19th August to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd September 2024 to file a Defence.

That's almost 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 guidance.

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

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

baz417

I have successfully submitted AOC. Thanks 

Coupon-mad

OK. Defence to do next.

  

baz417

I am beginning draft my defence however need advice as to what should my defence be based on ? 

I have tried recalling and searching my old photos and documents since the claim arrived and this is what I gathered : 

 According to their Notice to keeper ( NTC)  letter the breach they mentioned;

The P&D display did not cover the date and time of parking  : Entry :18 jan 22 ( 10:37 ) Exit 18 jan 22  ( 12:55 )  See picz attached.

On that day the P&D machines were  broken , couldn't get hold of customer service and  wasted almost an hour ( finding a space in small limited parking, long queue to pay  etc )  then some how managed to pay via Paybyphone  website however the timing of the hours are  from 11:36 to 13:36 on 18th Jan 22 which does not match with timing mentioned NTC letter.

Should I argue on not starting my paybyphone ticket timings from 10:37 as per their NTC letter timings? bcz i only put my details, duration and payment details on website thinking that it will start my ticket form the moment i entered in the car park. 
   
OR

should  I put my defence as to to how I struggled  on that  to pay for almost an hour due to their system ( p&d display broken and other related issues )  .   Hope it make sense. 


By the way I no longer have that vehicle but was the driver of the car.

Please advice ..

thanks

LDast

You point out that the particulars of claim are mendacious. They state that the PCN was issued on the 18th January 2022 when in fact it was issued on 26th January 2022. So, the statement of truth is anything but the truth.

The PoC fail to fully comply with CPR 16.4. The claimant cannot plead in the alternative that they are pursuing the defendant as the keeper because their NtK fails to fully comply with all the requirements of PoFA, namely 9(2)(e)(i) as there is no "invitation", nor any synonym of the word, for the keeper to pay the charge. Partial or even substantial compliance with PoFA is not sufficient and therefore the defendant cannot be liable as the keeper. The Claimant is put to strict proof that the person they are pursuing was the driver.

The PoC fail to detail the contract referred to as required in accordance with CPR PD 16.7.5: "Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done."

The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on.

The PoC do not state exactly how the claim for statutory interest is calculated.

The PoC do not state what proportion of the claim is the parking charge and what proportion is damages.

How are you supposed to defend a claim that fails to comply with all the statutory requirements of the CPRs and PDs?

You should start your defence with a preliminary matter and attach a draft order for the judge to order the claimant to fully comply with CPR 16.4 or the clam should be struck out.

baz417

LDast said:

You point out that the particulars of claim are mendacious. They state that the PCN was issued on the 18th January 2022 when in fact it was issued on 26th January 2022. So, the statement of truth is anything but the truth.

The PoC fail to fully comply with CPR 16.4. The claimant cannot plead in the alternative that they are pursuing the defendant as the keeper because their NtK fails to fully comply with all the requirements of PoFA, namely 9(2)(e)(i) as there is no "invitation", nor any synonym of the word, for the keeper to pay the charge. Partial or even substantial compliance with PoFA is not sufficient and therefore the defendant cannot be liable as the keeper. The Claimant is put to strict proof that the person they are pursuing was the driver.

The PoC fail to detail the contract referred to as required in accordance with CPR PD 16.7.5: "Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done."

The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract which is relied on.

The PoC do not state exactly how the claim for statutory interest is calculated.

The PoC do not state what proportion of the claim is the parking charge and what proportion is damages.

How are you supposed to defend a claim that fails to comply with all the statutory requirements of the CPRs and PDs?

You should start your defence with a preliminary matter and attach a draft order for the judge to order the claimant to fully comply with CPR 16.4 or the clam should be struck out.

 Thanks very much, after asking claim to be struck out , do i still have to describe in paragraphs as to the how the event unfolded on that day? ( p&d machines broken, parking fees pai paybyphone website etc? and then adding other paragraphs from defence template if i understood correctly?