County Court letter ECP

Salmonbench

Hi

I got a claim letter from County Court about the money I allegedly owe to Eurocarparks, now they want 271 pound including a ticket , legal representative and legal costs. 

About a year ago my car was parked at one of their car parks, I had problems paying by card in a ticket machine, after several attempts eventually it printed me what I then thought was a ticket. However after few weeks got a letter from ECP with a fine, I found that ticket in a car and it was a receipt with a transaction void on it. The letters were really small and it looked like normal receipt. I appealed to POPLA but they ruled in ECP favour.
 I have read the thread about letters from County Court with 12 point instructions what to do, just not sure would this work in my case?

Gr1pr

Just complete the AOS online on MCOL and then adapt 2 paragraphs in the defence template that is in the defence template thread 

Do not overthink it at this stage,  DCB Legal tend to discontinue before the hearing fee deadline,  so no point worrying at this very early stage 

KeithP

Hello and welcome.

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.

Coupon-mad

Works in every case. Trust the process!

Salmonbench

Thanks for quick reply, I haven't done AOS yet, I only received a letter 2 days ago. The issue date of a letter is 29.04.2025

Gr1pr

AOS needs completing by the 18th, personally I would login online today and complete it,  to extend the deadline 

KeithP

With a Claim Issue Date of 29th April, you have until Monday 19th May 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 2nd June 2025 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that 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'.

Salmonbench

Hi. 
I filed AOS on 11th of May, 

Here is a draft of paragraphs 2 and 3 of my defence. I used a draft from shahib02 post for paragraph 3 as recommended. Not sure about par 3.1 I have written, what do you think?

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

 

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 25/02/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

 

 

3.1 The Defendant made several attempts to pay by card but the machine did not respond, eventually the receipt was printed. The Defendant assumed the payment was made and machine did not produce a ticket due to its malfunction. The Defendant appealed to POPLA but they refused to cancel.

Coupon-mad

Remove this:

No PCN was "issued on 25/02/2024" (the date of the alleged visit).

and this:

The Defendant assumed the payment was made and machine did not produce a ticket due to its malfunction. The Defendant appealed to POPLA but they refused to cancel.