EuroCarParks / DCBLegal Court Claim

Automotivesausage

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.

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I haven’t signed up to MCOL yet to be honest. 

I’ve sent everything via email so far and had responses to prove it was within the time frame.

AOS was sent on the 3rd of may. It was finally processed today because they gave a two week backlog. Called CNBC to chase and they were happy that it was received within the time period.

Automotivesausage

Coupon-mad said:

And the redacted picture I asked for?

I’ll get one posted - just away from home at the moment.

Automotivesausage

Automotivesausage said:

Coupon-mad said:

Can we ask you to check your MCOL history?  Hope you didn't post the Acknowledgement snail mail? Is your AOS logged?

Then in June 2025 it arrived - A letter from HM Courts and Tribunals.

Can't have done, we aren't in June yet! Show us the claim form, redacting the 4 things seen on all the other DCB Legal claim threads.

Oh snap! I meant April!

AOS was sent via email and received on day 12.

we are currently on day 19 - but I’d like to get my defence submitted by email this weekend.

Apologies - submitted AOS 12 days after issue. 

Currently on day 25 - obviously forgotten how to count today.

It’s been a long week!

Automotivesausage

Car1980 said:

4.    The claim itself relies on a charge which is entirely without merit, and should be dismissed.

Defence looks sound to me. I'd replace dismissed with struck out, using this wording:

....should be struck out under 3.4 (2) (a) of The Court's Case Management Powers:

The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing the claim.

Careful with costs because they're not applicable until the claim has been allocated to a track. So you might undermine your desire for a strike out with simultaneously saying you would like to continue so you get costs. 

Maybe try and reword and maybe quote Orton v Barclays Bank UK PLC Trading as Barclay Card (27 March 2025). Or save the costs for any witness statement.

Ok great! 

Hmm - I’d like it struck out as I’d like to get rid of it.

However I’d also quite like to go for costs, I feel confident I have the requisite evidence to back up everything in my Defence. 

Will take look and Orton and Barclays.

Will save costs for the witness statement 👍