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Euro Car Parks spanked in court

FYI, a set aside we have been assisting on over on FTLA was heard yesterday (3rd Feb) in Chelmsford County Court. The set aside was because the defendant never received the N1SDT claim form and was issued a CCJ by default.

The defendant had at all times been corresponding or responding to the PPC over the alleged debt for several years. They had plenty of evidence that they had paid the parking tariff but ECP insisted on pursuing the claim.

We provided a costs schedule to go with the set aside although, initially, the clerk wouldn't allow it to be submitted. Anyway, to cut a long story short, here is the defendants court report:
Today was our Set-Aside court hearing. My dad offered to speak on my behalf but the usher refused. They also refused to accept The Payment Schedule for costs. Never mind.

Into the court, and the judge let my dad and a Citizens Advice volunteer sit with us. Euro Car Parks were NOT represented at all. The judge looked through our set aside application and said he had everything except our evidence of payment (he did) so asked if we had a copy. We did and supplied it to him. At this point things went badly for Euro Parks!

He berated them for not turning up, then stated he'd seen a host of these in the last five years that should never have made it there. Not only did he agree the set aside, but he also dismissed the case entirely. He asked about the payment schedule. So we told him about the fee for the set aside, the loss of earnings and travel expenses. He then said he was ordering Euro Parks to pay £428 by 17 February and to issue an apology. He apologised that they had wasted our time and thanked us for attending and providing the evidence he needed. He concluded by wishing me and my dad a very good day. I think we can call that victory.
So, costs and an apology. ECP have been truly spanked thanks to their vexatious claim and use of the incompetents at DCB Legal.  :D

Comments

  • Car1980
    Car1980 Posts: 2,863 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Excellent but I doubt Euro had anything to do with this. Their input wouldn't have exceeded a line on a spreadsheet sent over to DCB Legal months ago.

    I suspect DCB Legal will just pay it and not even inform Euro Car Parks. They need their business!

    DCB presumably stands for Debt Clown Buffoons.
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    I agree... however it is still ECPs reputation, for what it's worth, that is exposed. We already know that DCB Legal, et al, are staffed by failed wannabe legals whose incompetence does not really matter to them as they have an almost bottomless pit of gullible motorists to feed on.
  • Castle
    Castle Posts: 5,085 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Car1980 said:
    Excellent but I doubt Euro had anything to do with this. Their input wouldn't have exceeded a line on a spreadsheet sent over to DCB Legal months ago.

    I suspect DCB Legal will just pay it and not even inform Euro Car Parks. They need their business!

    DCB presumably stands for Debt Clown Buffoons.
    Then perhaps the Defendant can send Euro Car Parks a copy of the Judgment "for their records" :)
  • Coupon-mad
    Coupon-mad Posts: 161,814 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    and a Citizens Advice volunteer
    Hopefully that person learned something useful for their branch of the CAB. I'm fed up of reading accounts on this forum that their advisers tell victims to pay. I bet the CAB person thought a mandatory CPR 13.2 CCJ set aside application was a risk...!

    Anyway well done to all concerned!

    ANOTHER ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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