Claim Form - Euro Car Parks Ltd

SpyJoe

Hello everyone,

I believe this is my first thread, however I've been a member for a few years. 

I started reading up the forum since I was recently on, as I've now found out, the famous McDonald's/Starbucks Stansted car park. But that's not why I'm starting this thread, as I haven't received anything yet, but I believe I will soon. 

Anyway my friend just asked for my help. He received a Claim Form from DCB Legal Ltd who want money for overstaying in Euro Car Parks Ltd car park.

Basically he parked at the Shell petrol station which has 30 minutes free parking, but realised that he forgot his hospital documents at home. So he left within 15 minutes and came back within an hour to the same car park, but realising that he will overstay the free time, he purchased a ticket for 2 hours. He went to the hospital and came back within the 2 hours and drove off.

After some time he received a penalty charge notice saying that he overstayed. They used his first entry time and second exit time as the time he spent in the car park.

This was in 2021 so he can't remember why he didn't appeal at the time and then ignored all debt recovery letters. 

He now received a Claim Form and is worried. Magically he still has the parking ticket that he purchased and original letters. 

I've read the Newbie thread as much as I could understand, but still need advice. 

Is it better for him to be honest and explain what happened to the court or is it better to use one of the templates on the forum? 

LDast

What is the issue date on the N1SDT claim form? We would need to see the Particulars of Claim (PoC) too.

You should do a search for "double-dip" and "orphan images" to see other similar situations where this has happened. 

What is the relationship between the Shell garage and the hospital?

Your friend will have a good chance if they sue ECP for breaching their GDPR under the Data Protection Act 2018 because they have breached the KADOE contract and therefore obtained the keepers DVLA data unlawfully. The KAODE contract is breached because ECP failed to comply with the BPA Code of Practice (CoP) section 21.5a(d) because it is obvious they did not perform the required quality control check on the ANPR images.

KeithP

Hello and welcome.

What is the Issue Date on the Claim Form?

Can you please show us a picture of the Particulars of Claim - with personal detail hidden of course.

Has your friend filed an Acknowledgment of Service?
If so, upon what date did that happen?
Your MCOL Claim History will have the definitive answer to that.

Gr1pr

1) his witness statement isnt required for several months, so he follows the procedures here, AOS, defence draft etc

I don't believe that it was a penalty notice, more likely to be a parking charge notice 

Name the parking company and solicitors if used, top left of the claim form, plus the issue date and the redacted POC bottom left, but no personal information 

KeithP

Gr1pr said:

Name the parking company ... 

Pssstt... see the thread title.  

Gr1pr

Ah, I got mixed up with the typical Met Joe Lycett one because I don't think it was actually mentioned, plus its hard to concentrate with an 11 month old grandson bombing round the house causing mayhem. 😛🕺😕 

In that case I now believe that its a typical ECP, DCB Legal case 

The OP hasn't answered your previous questions though 😬

Coupon-mad

Can you purchase a ticket at a Shell garage then go off site to a hospital?

Sounds like something I wouldn't do (I'd have parked on-street every time) but are you sure there is a pay & display machine allowing 2 hours parking at a Shell garage?

SpyJoe

Hello everyone, 

Thank you for all prompt responses and apologies for the late reply. I've been waiting for my friend to send pictures of the form. 

We still haven't applied for Acknowledgment of Service, but I will do that next to get extra time to write up the defence. 

Shell petrol station is about 5 minutes walk from the hospital, but there is no restriction or cameras that prevent you from walking off the site. I believe the PCN was given as the camera didn't recognise him leaving the first time. 

I'm still reading up on all acronyms and trying to understand the responses that I got. 

Thank you for your help everyone. 

KeithP

With a Claim Issue Date of 28th August, you have until Monday 16th September 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 30th September 2024 to file a Defence.

That's over three 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'.

Coupon-mad

Is there a term on the sign that says "no return within x hours"?  If not, then there was no breach of a contractual term.

Two visits taken wrongly to be one long parking event is common and known as a 'double dip'.  A well known flaw of ANPR.