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CNBC - DCB Legal \ Euro Car Parks

I have been reading the newbies site and I am still unsure how to play this one.

Basically in 2021 I drove in to a car park, spent about 10-15 minutes in there and left as there was a car park where I was heading so didn't actually need to park. I have had all the letters and just ignored them.

I received the CNBC Claim Form issued 28th August and today have filed the AOS.

What I am unsure of is how to best defend it. The car is a company vehicle so should I just go with the appeal that doesn't say who's driving, or do I need more than that at this stage?

The other thing I noticed when I did a subject access request to Euro Car Parks, was that the picture of the reg as I was leaving the car park was not even visible, and that the rear reg plate picture they provided appeared to be tampered as if they had doc't the image to make if look like FP70 when in fact it looks like FB70 with the bottom of the B smudge out.

Any advice on how to proceed would be appreciated.




Comments

  • KeithP
    KeithP Posts: 39,204 Forumite
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    I think that the last picture of the front number plate clearly shows it as FP70 but with a fixing screw/bolt 'enhancing' things somewhat.


    I received the CNBC Claim Form issued 28th August and today have filed the AOS.
    With a Claim Issue Date of 28th August, and 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 at the second post in the NEWBIES thread.
    Don't miss the deadline 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
    Coupon-mad Posts: 137,068 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Just use the Template Defence as you see in all the other DCB Legal / Euro Car Parks claims at the moment.  They are litigating a huge batch. We have 2 or 3 exact match threads like yours each day, so go back and scroll through the forum to read a good half dozen or more. Learn how people worded their paragraph 3. Copy!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quinny1999
    Quinny1999 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    Yeah fair point KeithP, it does look like the fixing screw cap that has made it look off.

    So in terms of a defence, I just copy the 30 points in to an email and then just edited paragraph 3 in my own words?

    With it being a company vehicle, would I have only used the appeal for no knowledge of who was driving when I got the LBC letter? No need to use that now?

  • Gr1pr
    Gr1pr Posts: 2,339 Forumite
    First Post Name Dropper
    No you don't copy it into an email, but a word document will suffice, altering paragraph 3 and possibly 2 too

    When completed, save as a PDF and attach it to the submission email etc, following the instructions for correct submission ( so not on MCOL, and no postal either. )

    Either you do know who was driving, or you don't, or you cannot remember, so think about it carefully 
  • Coupon-mad
    Coupon-mad Posts: 137,068 Forumite
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    edited 5 September at 10:28PM
    It's a formal court submission that needs signing and dating under a statement of truth and saving as a PDF.  Such a statement can't just be words in the body of an email.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 39,204 Forumite
    Name Dropper First Post First Anniversary
    So in terms of a defence, I just copy the 30 points in to an email and then just edited paragraph 3 in my own words?
    You appear to have skipped the opening post on the Template Defence thread and gone straight to the second post.

    That's not the best tactic.
  • Quinny1999
    Quinny1999 Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    My apologies I had read the first 12 steps but was focusing more on what I need my defence to be, I will be sure to print, sign and send in as a .pdf.

    I drove in to the car park, walked to the machine, didn't have any cash and the app would not download due to a bad signal. So I drove out in just over 15 mins in total.


  • Coupon-mad
    Coupon-mad Posts: 137,068 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 5 September at 11:31PM
    That's OK as long as your para 3 makes it clear that you only spent the minutes it took to do all that, and most of the wasted minutes were due to their useless app (explain the issue).  Thus the alleged contract was frustrated and impossible to perform, so the Defendant left without accepting the parking terms or gaining any amenity from the site.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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