Claim Form - Euro Car Parks (DCB Legal) - Parked longer than max period allowed.

Jarch

Hi, 

I have just returned from a work trip to find a Claim From Euro Car Parks Limited (noting DCB Legal as correspondence address).  This follows a letter from DCBL that I received in June and ignored.

The claim form is dated 20 Sept 2024 (not sure what day it actually arrived but I didn’t go away until the 24th and it wasn’t here then! I’ve read the Newbies thread and have registered with MCoL and have now Acknowledged the claim and I now need to establish how to work my defence - I understand time is running out on this one!

Redacted claim from uploaded below – let me know if it doesn’t work. 

It refers to a PCN that was issued on 01/01/2022 for parking at Cornhill Shopping Centre in Stroud.  I states the breach was that I had parked for longer than the maximum period allows.  The carpark in question is 4 spaces only, and there is a sign stating 20mins max stay for loading only.  I entered the carpark according to the PCN at 10:54:31 on the 01/01/2022 which sounds about right, however, I did not use the parking bays, I drove beyond them to the back of a closed retail unit as we had to make some checks on our vehicle before setting off on a long journey – I don’t recall how long were so cannot comment on the actual duration but it wouldn’t have been a huge amount of time as only checked fluids, tyre pressures etc.  The retail unit was closed so we were not causing any obstructions, and we were not using any of the 4 bays that were designated for parking.  Given it was New Year’s day I don’t recall seeing another soul anywhere so I can’t imagine there was any inconvenience caused to anyone and it was ‘free parking’ so there was no financial loss.

(Image removed by Forum Team)

I appealed the original PCN when it came through in Feb 22, and although I frustratingly do not have a copy of what was sent, I do have the rejection email from Euro Car Parks that states that they reject my appeal because it was a ‘Breach of Terms and Conditions:

Your vehicle was parked longer than the maximum period allowed’. It goes on to say:

·      The car park is operated by Automatic Number Plate Recognition (ANPR) – cameras capture

·      an image of vehicles entering and leaving the car park and calculate their length of stay.

·      Parking at the above site is limited to 20 minutes.

·      On entry to private land it is the responsibility of the driver to check for signage and ensure that your vehicle has been correctly parked.

·      Your vehicle was parked longer than 20 minutes, therefore the notice was issued correctly and remains payable.

I realise I'm dealing with this somewhat last minute now and I'll look through various threads to try and get a defence together. 

Castle

You have left a Password showing.

Jarch

Castle said:

You have left a Password showing.

Thanks - and I thought I was doing so well.  

I cannot however see the edit button that is usually visible...

LDast

Check your MCOL to see if a default judgment has not already been filed against you. You had until Wednesday 9th October to file your Acknowledgement of Service (AoS), after which you would have had until 4pm on Wednesday 23rd October to file your defence.

By not filing an AoS, your defence became due by 4pm on Wednesday 9th October. If your AoS was accepted, then hopefully you have been extremely lucky and should consider purchasing a lottery ticket.

Jarch

The current status just says: 

A claim was issued against you on 20/09/2024

Your acknowledgment of service was submitted on 15/10/2024 at 10:18:57

Your acknowledgment of service was received on 15/10/2024 at 12:05:16

LDast

Phew! Go buy that lottery ticket. You now have until 4pm on Wednesday 23rd October to file your defence.

Jarch

Great, I need to do more reading but in short my defence is: 

The POC of fail to state the start and end times of the alleged parking event, nor indeed what the "Maximum Period Allowed" is.  This makes it difficult to respond to the claim.

The defendant does recall passing through the small (4 bay) car park to get to the land beyond the parking area to carry out some vehicle safety checks.  The defendant stayed with et vehicle at all times and did not park in any of the 4 parking bays of the area directly adjacent at the stated location.

I don't know if the land beyond is owned by the same person or if it's relevant, but it was a service area for a retail unit which was closed and empty, I thought it was better to ensure I didn't stay in the parking area to avoid exactly whats happened.  I presume the camera clocked me in and out, but it wouldn't have any evidence that I actually used the carpark becsue I didn't.

 

 

 

Coupon-mad

It doesn't really matter what you put as paragraph 3 because DCB Legal will eventually discontinue the claim before the hearing in 2025.

You'll win. Nowt to pay.

You need to hit REPORT to remove that image that shows the password. Here's a redacted copy:

Jarch

Hi, having not heard anything since I submitted this in October, I have received this week a letter from the count court telling me I failed to file the Directions Questionaire - I haven't received any other correspondence in the post.  The below is dated 23rd Jan, but not received until 28th - I feel like I've missed the deadlines here. 

Car1980

Maybe so. But you have a second chance! Just be glad they didn't just strike out your defence.

Download the form, fill it in and email it to the court and DCB today. You can add a note that you never received the original questionnaire in the post.

Coupon-mad

Just do it today. No problem as long as you email it and get the usual acknowledgement.