Euro Car Park / DCB Legal Claim Form Letter

syrax21

Hi everyone, I've discovered this website through a lot of google searches, and have read through a number of threads, including the newbie threads, but had some questions.

I received a claim form letter for a parking violation from Euro Car Parks / DCB Legal. 
Issue Date is 19 MAR 2025. 

Apparently PCN was issued on 19/11/2021.(MFG Shell Skyway Parking)

I intend to contest this, so I'm well aware to use the moneyclaim website to aknowledge, and then prepare my defense. 

My questions are as follows;

The PoC state that "Your vehicle was parked longer than the maximum period allowed".

I have no memory of this whatsoever as it was so long ago, so I'm struggling to find out what kind of defence I can make to contest this? There are no google street view of the Shell so I can't check if there's accurate signs or whatever, so yeah..

The other question, I've lived abroad (outside of the UK) for a number of years now, though I do keep my current address back home (my brother sent me pictures of the claim letter). 

Would I also be able to argue jurisdiction here, even though I keep a current address in the UK?

Any and all help would be very appreciated. 

Cheers!!

Car1980

The onus is on them to produce the contract. The problem is that they usually wait until the witness statement stage.

Use the standard defence template.

Once the defence has been submitted you can email DCB Legal and Euro, and demand they produce photographs of the signage. Any refusal will reflect badly on them. 

Being abroad can spook them as well. In the same email I would supply a costs assessment to attend the hearing ie. provide an air fair quote, taxi quote, car mileage @45p a mile etc.

Blindside6

syrax21 said:

Hi everyone, I've discovered this website through a lot of google searches, and have read through a number of threads, including the newbie threads, but had some questions.

I received a claim form letter for a parking violation from Euro Car Parks / DCB Legal. 
Issue Date is 19 MAR 2025. 

Apparently PCN was issued on 19/11/2021.(MFG Shell Skyway Parking)

I intend to contest this, so I'm well aware to use the moneyclaim website to aknowledge, and then prepare my defense. 

My questions are as follows;

The PoC state that "Your vehicle was parked longer than the maximum period allowed".

I have no memory of this whatsoever as it was so long ago, so I'm struggling to find out what kind of defence I can make to contest this? There are no google street view of the Shell so I can't check if there's accurate signs or whatever, so yeah..

The other question, I've lived abroad (outside of the UK) for a number of years now, though I do keep my current address back home (my brother sent me pictures of the claim letter). 

Would I also be able to argue jurisdiction here, even though I keep a current address in the UK?

Any and all help would be very appreciated. 

Cheers!!

This is a defence I filed in November, 2024 against a claim from Euro Car Parks. They related to two PCNs issued in July and August, 2020, both in the same location. I hope you find this helpful. DCB Legal are currently seeking instructions from Euro Car Parks as to whether they wish to proceed or discontinue. 

In the CIVIL NATIONAL BUSINESS CENTRE          Claim number: [redacted]

 

 

                             Euro Car Parks Limited                                    Claimant

 

                                              -v-

                                                        

                                        [redacted]                                               Defendant            

 

                                         Defence

 

                             

 

1. Except where it is expressly stated otherwise, all references to paragraph numbers in this Defence should be interpreted as references to the corresponding paragraphs in the Particulars of Claim.

 

2. At para 1 it is disputed that the Defendant (hereafter ‘D’) is in any way indebted to the Claimant (hereafter ‘C’). Either by way of ‘Parking Charges’ or in any other form. C is put to strict proof.

 

2.1 It is further disputed at para 1 that D was in [redacted] at the material times. C is put to strict proof.

 

3. At para 2, it is disputed that ‘PCNs’ were issued to D on 22/07/2020 and 23/08/2020, or at all. C is put to strict proof.

 

4. At para 3 it is disputed that D was the driver at the material times. C is put to strict proof.

 

4.1 Also at para 3 it is disputed that (a) the signs referred to were capable of inferring a contract (b) the signs complied with industry standards (c) the signs did not breach the Unfair Contract Terms Act, 2015 (d) D entered into any contract with C, on either of the material dates, or ever would. C is put to strict proof on points (a) to (d).

 

5. At para 4 it is disputed that C had locus standi to obtain keeper details. That is to say; it is disputed that a contract existed between the Landowner and C that would empower them to issue parking charges and pursue debts by way of court claims. C is put to strict proof.

 

5.1 Also at para 4, it is asserted that C breached the Data Protection Act, 2018 in obtaining keeper details, absent of such contract or the signs referred to at para 3 in the Particulars were not industry compliant.

 

5.2 If C is unable to satisfy the court on both the contractual matter and the signs, then the Claim stands to be struck out as ‘fruit of a poisoned tree’.

 

6. At para 1 under the heading ‘THE CLAIMANT CLAIMS’ it is disputed that C is owed any monies from D.

 

6.1 It is further disputed that C is entitled to ‘damages’ and they are put to strict proof as to how such ‘damages’ were incurred, in what amount, and by what legal mechanism they would be entitled to recover them from D.

 

6.2 The Claim appears to be predicated, albeit D contends falsely, on breach of contract. D respectfully submits that ‘damages’ claimed by C constitutes a ‘second bite of the cherry’.

 

6.3 D asserts that it is necessary for C to make an Application to amend their Particulars and bear the wasted costs to D in filing an Amended Defence.

 

7. D contends that, in the light of the pleaded value of this claim, these proceedings should be allocated to the Small Claims Track.

 

8. D respectfully reserves the right to amend this Defence upon receipt of any further information relevant to this Claim.

 

 

STATEMENT OF TRUTH

I believe the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a Statement of Truth without an honest belief in its truth. 

[redacted]

Claimant

syrax21

Car1980 said:

The onus is on them to produce the contract. The problem is that they usually wait until the witness statement stage.

Use the standard defence template.

Once the defence has been submitted you can email DCB Legal and Euro, and demand they produce photographs of the signage. Any refusal will reflect badly on them. 

Being abroad can spook them as well. In the same email I would supply a costs assessment to attend the hearing ie. provide an air fair quote, taxi quote, car mileage @45p a mile etc.

Thanks for your comment! 

Is the witness statement stage in person as well? My fear is that even with the "mediation call stage", I won't be able to attend as I can't take calls on my UK number while abroad. Unless they call my overseas number. 

That's why I was wondering if arguing or contesting jurisdiction here could work instead..

syrax21

Cheers Blindside6 for providing your defence, I could possibly use some of this!

Could you provide some timeline here on what happened after you submitted your defence up until now; where you are waiting to hear if they discontinue or not? Were you required to be present physically anywhere in the UK or had to make/receive phone calls? 

Again my only concern here with defending this would be if I would have to physically be in the UK, as that does not seem likely in the near future due to the nature of my job. 

Blindside6

syrax21 said:

Cheers Blindside6 for providing your defence, I could possibly use some of this!

Could you provide some timeline here on what happened after you submitted your defence up until now; where you are waiting to hear if they discontinue or not? Were you required to be present physically anywhere in the UK or had to make/receive phone calls? 

Again my only concern here with defending this would be if I would have to physically be in the UK, as that does not seem likely in the near future due to the nature of my job. 

Brief timeline: wrote to DCB Legal on 9th December, 2024 asking in light of Defence served on them on 9th November if their client wished to proceed.

DCB Legal replied on 20th December, saying they would take instructions and revert. They didn't.

On 13th March, 2025 court issued Notice of Hearing.

On 20th March, 2025 I wrote to DCB Legal asking if they had instructions. No reply.

Chased them again this morning. Pointing out their lack of engagement is a breach of CPR 1.1 (the overriding objective) and that it will be necessary for their client to apply to the court for Relief from Sanctions. That will cost them £303 court fee, plus my costs of the application hearing.

I spend 7 to 8 months abroad and the listed hearing date is when I am in Africa. If there is no movement from Euro/DCB Legal I will ask the court for a remote hearing via CVP (Cloud Video Platform).

Hope this helps and good luck.

Blindside6

syrax21 said:

Car1980 said:

The onus is on them to produce the contract. The problem is that they usually wait until the witness statement stage.

Use the standard defence template.

Once the defence has been submitted you can email DCB Legal and Euro, and demand they produce photographs of the signage. Any refusal will reflect badly on them. 

Being abroad can spook them as well. In the same email I would supply a costs assessment to attend the hearing ie. provide an air fair quote, taxi quote, car mileage @45p a mile etc.

Thanks for your comment! 

Is the witness statement stage in person as well? My fear is that even with the "mediation call stage", I won't be able to attend as I can't take calls on my UK number while abroad. Unless they call my overseas number. 

That's why I was wondering if arguing or contesting jurisdiction here could work instead..

syrax21 said:

Car1980 said:

The onus is on them to produce the contract. The problem is that they usually wait until the witness statement stage.

Use the standard defence template.

Once the defence has been submitted you can email DCB Legal and Euro, and demand they produce photographs of the signage. Any refusal will reflect badly on them. 

Being abroad can spook them as well. In the same email I would supply a costs assessment to attend the hearing ie. provide an air fair quote, taxi quote, car mileage @45p a mile etc.

Thanks for your comment! 

Is the witness statement stage in person as well? My fear is that even with the "mediation call stage", I won't be able to attend as I can't take calls on my UK number while abroad. Unless they call my overseas number. 

That's why I was wondering if arguing or contesting jurisdiction here could work instead..

I had my mediation session - very brief - whilst in Africa in January, 2025. I had provided the Small Claims Mediation service with my overseas number. SCM claim a 50% success rate, but I very much doubt that many of that number involves car park management companies. 

Arguing or contesting jurisdiction is not viable, whilst you maintain a UK address (similar to me). Moreover, the charge notices were raised whilst your vehicle was parked in the UK.

Again, I hope this is helpful. Some uncanny coincidences within our respective situations!

syrax21

Blindside6 said:

I had my mediation session - very brief - whilst in Africa in January, 2025. I had provided the Small Claims Mediation service with my overseas number. SCM claim a 50% success rate, but I very much doubt that many of that number involves car park management companies. 

Arguing or contesting jurisdiction is not viable, whilst you maintain a UK address (similar to me). Moreover, the charge notices were raised whilst your vehicle was parked in the UK.

Again, I hope this is helpful. Some uncanny coincidences within our respective situations!

Very insightful information! Cheers for all the details, very helpful. 

Yeah, very uncanny coincidences indeed! Interested to see what comes of this.. I'm willing to defend this via emails and etc, as many have, but have no wish to go to court or attend an actual hearing - that's what makes me slightly hesitant. 

Thanks for the replies! Curious to see if other people have any other insights or tips/stories. 

Coupon-mad

Why not just nominate your brother to take the daft Mediation call? You can do that.

I'm concerned that you haven't shown us the claim form yet, and perhaps haven't found the Template Defence thread or read post 2 of the NEWBIES thread?

These claims are a cinch to defend.

BTW I like the posts so far by the new poster @Blindside6 (are you a solicitor?).

Blindside6

Coupon-mad said:

Why not just nominate your brother to take the daft Mediation call? You can do that.

I'm concerned that you haven't shown us the claim form yet, and perhaps haven't found the Template Defence thread or read post 2 of the NEWBIES thread?

These claims are a cinch to defend.

BTW I like the posts so far by the new poster @Blindside6 (are you a solicitor?).

Since October, 2024, and by way of revised/updated CPR, mediation became compulsory on Small Claims Track. As such, it is firmly embedded in CPR 1.1 Overriding Objective, subliminally or otherwise. Parties to litigation are strongly advised to approach those responsibilities calmly, professionally, but firmly. Irrespective of the other party being 'daft', which, I think, is what you meant (and, if you did, you are being generous; I would go for 'irredeemably stupid'). The fact that the SCMS, largely incompetent as it is, manages a success rate of 50% - with probably near to zero successes involving PPC's - speaks for itself. Hope this assists.

syrax21

Coupon-mad said:

Why not just nominate your brother to take the daft Mediation call? You can do that.

I'm concerned that you haven't shown us the claim form yet, and perhaps haven't found the Template Defence thread or read post 2 of the NEWBIES thread?

These claims are a cinch to defend.

BTW I like the posts so far by the new poster @Blindside6 (are you a solicitor?).

Sorry, didn't know you wanted to see the claim form. Here it is attached. As mentioned, the defence part seems straightforward, I am just unsure about the following parts, namely the evidence/witness statement part of this. As I am abroad, google street view was useless for signage or evidence on that matter. So not sure what to do here.