ECP- Euro Car Parks and DCB Legal 2nd December 2024

discountgood

KeithP said:

What is the Issue Date on your Claim Form?

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

I filed the AOS on 16th Jan, if I understand correct I have 28 days from 8th Jan.

[Image removed by Forum Team]

discountgood

Coupon-mad said:

Please stop trying to go off piste. Everything you need to know for the early stages is in the first 12 steps in the Template Defence thread, right down to the email address to use and what to put in the subject line.

Put the reply form down and bin it.

Thanks mate, I've put aside the reply forms now. I've saved that page and will follow the steps as you mentioned, I have the main body of the defence prepared, will check and read over it.

Coupon-mad

discountgood said:

Thanks mate, I've put aside the reply forms now. I've saved that page and will follow the steps as you mentioned, I have the main body of the defence prepared, will check and read over it.

No worries. I'm a lady but 'mate' is fine.

The advice remains as stated 2 weeks ago:

Coupon-mad said:

In most current defences v DCB Legal claims, paragraph 3 (within the 30 paragraph Template Defence) looks similar to the thread below by @shahib_02  ... just change the incident date:

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please

No need for more detail except in your case just add an extra paragraph to the Template Defence, AFTER the paragraph 3 shown in the link:

3.1.  (Whatever your brief facts are).

4.  rest of the Template Defence of (30 paragraphs but DON'T copy & paste it all here...please)!

KeithP

discountgood said:

KeithP said:

What is the Issue Date on your Claim Form?

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

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

I filed the AOS on 16th Jan, if I understand correct I have 28 days from 8th Jan.

You've left your MCOL password visible on that image you have shown us.

You are right with you Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 3rd January, and having filed an Acknowledgment of Service('AOS') in a timely manner, you have until 4pm on Wednesday 5th February 2025 to file a Defence.

That's under a week 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 AOS has been filed, the MCOL website should be treated as 'read only'.

discountgood

Hey there, I've everything ready now, please may you advise if anything below should be redacted, I will print, sign and scan for PDF format after this weekend for submission, thanks.

3.1 The Defendant disputes the claim on the primary basis of inadequate lighting and signage on site (photographic evidence available). On entry to site, no signage is displayed to inform motorists of a controlled zone and or conditions apply. Also the signage that is found further on the entry-road is facing at an angle away towards the left, making it difficult for incoming traffic to observe. This is somewhat confusing and gives the impression to the motorist that only certain segments of where parking bays are located behind the said signage is controlled parking. Further, the site of the alleged 'contravention' was unlit during the time of incident and every evening. The land owner and in effect the Claimant assuming responsibility of the car park allowed excessive deterioration of the tarmac surface/road markings, making it difficult to differentiate between a private road and or a follow on road from the public road access. Correspondence titled “Final Notification” letter was received from the Claimant on insert date. The Claimant was immediately informed that no previous communication had ever been received and no offer to settle the matter early. The Claimant was expressly informed about this at various appeal stages however, chose not to engage. Despite, repeated requests through appeals process, no proof of postage or clear evidence of parking was ever provided.

Coupon-mad

Yes it'll do as long as you used the usual para 3 (linked above) and altered the date to match your POC.

discountgood

Good afternoon, I have submitted my defence today as advised (following the 12 steps). Also received the auto email acknowledgement, thanks all will keep updated.