Notice of Claim from Euro Car Parks - Now discontinued

Flem_Candango

Hi MSE,

I'm mainly posting this because after a thorough reading of this thread back when I got the initial PCN (from October 2022) the main takeaway was that ECP were not litigious and rarely took these things to small claims court, so I thought it might be useful for everyone to know that this doesn't appear to be true anymore as I have just opened what seems like a notice of claim (picture attached)

One issue I may have is that it is dated 18/08/2024, unfortunately, I have been on holiday and have only just got back, so I'm 10 days behind on filing my defence, is that an issue? It has put me in a bit of a tiz, as i never expected it to go this far, so if someone can point me in the right direction od how to file a defence etc, I would be eternally grateful.

Flem_Candango

Flem_Candango said:

Hi MSE,

I'm mainly posting this because after a thorough reading of this thread back when I got the initial PCN (from October 2022) the main takeaway was that ECP were not litigious and rarely took these things to small claims court, so I thought it might be useful for everyone to know that this doesn't appear to be true anymore as I have just opened what seems like a notice of claim (picture attached)

One issue I may have is that it is dated 18/08/2024, unfortunately, I have been on holiday and have only just got back, so I'm 10 days behind on filing my defence, is that an issue? It has put me in a bit of a tiz, as i never expected it to go this far, so if someone can point me in the right direction od how to file a defence etc, I would be eternally grateful.

*** sorry, it is dated 18/09/2024 *** please ignore that part 

KeithP

Sadly you have missed your Defence filing deadline.

With a Claim Issue Date of 18th August, you had until 6th September to file an Acknowledgment of Service. You didn't do that. That meant you had until 4pm on Friday 6th September 2024 to file your Defence. Clearly that didn't happen.

Since 4pm on Friday 6th September the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible.

To create a Defence, look at the second post in the NEWBIES thread.

At this stage, it's probably best to file a Defence via the MoneyClaimOnline website, but you'll need to prune the template drastically to get it to fit the MCOL box.

Flem_Candango

KeithP said:

Sadly you have missed your Defence filing deadline.

With a Claim Issue Date of 18th August, you had until 6th September to file an Acknowledgment of Service. You didn't do that. That meant you had until 4pm on Friday 6th September 2024 to file your Defence. Clearly that didn't happen.

Since 4pm on Friday 6th September the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible.

To create a Defence, look at the second post in the NEWBIES thread.

At this stage, it's probably best to file a Defence via the MoneyClaimOnline website, but you'll need to prune the template drastically to get it to fit the MCOL box.

Sorry, that was a typo and i couldn't work out how to amend so added another post below, it is dated 18/09

KeithP

Flem_Candango said:

KeithP said:

Sadly you have missed your Defence filing deadline.

With a Claim Issue Date of 18th August, you had until 6th September to file an Acknowledgment of Service. You didn't do that. That meant you had until 4pm on Friday 6th September 2024 to file your Defence. Clearly that didn't happen.

Since 4pm on Friday 6th September the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible.

To create a Defence, look at the second post in the NEWBIES thread.

At this stage, it's probably best to file a Defence via the MoneyClaimOnline website, but you'll need to prune the template drastically to get it to fit the MCOL box.

Sorry, that was a typo and i couldn't work out how to amend so added another post below, it is dated 18/09

Then please ignore my earlier post.

Garbage in ==>> garbage out.

KeithP

With a Claim Issue Date of 18th September, you have until Monday 7th October 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 21st October 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'.

Car1980

the main takeaway was that ECP were not litigious and rarely took these things to small claims court, so I thought it might be useful for everyone to know that this doesn't appear to be true anymore

Yeah, DCB Legal seem to have signed up a load of PPCs at Parkex. Must have been their hilarious "Not a Parking Charge Notice" crisps (seriously - Google it).

Not aware of a single PCN Euro CP claim actually make it to a hearing though. Always discontinue at the eleventh hour.

Coupon-mad

Same as a hundred other threads:

https://forums.moneysavingexpert.com/discussion/6556580/dcb-legal-euro-car-park

Very very easy to see off. No hearing.

Flem_Candango

Car1980 said:

the main takeaway was that ECP were not litigious and rarely took these things to small claims court, so I thought it might be useful for everyone to know that this doesn't appear to be true anymore

Yeah, DCB Legal seem to have signed up a load of PPCs at Parkex. Must have been their hilarious "Not a Parking Charge Notice" crisps (seriously - Google it).

Not aware of a single PCN Euro CP claim actually make it to a hearing though. Always discontinue at the eleventh hour.

I have attached the amount they want to charge me (which of course I can agree to settle now) Am I right in assuming this is a last-ditch attempt to extort a larger sum out of me, and if it did in fact go to small claims they wouldn't be able to ask for these amounts?

 

Gr1pr

They can ask for all kinds of amounts, most get refused, leaving the core PCN charge plus around £112 on top for court and legal fees, totalling around £212 if you lost 

So what they ask for isnt really relevant, they are divas

If they discontinued as is usual, its irrelevant what they wrote 

Flem_Candango

One final question, and I do really appreciate all the responses, if they do pull out at the 11th hour, is that it? As in that will most likely be the end of it and no more weekly letters from made up baliffs etc?