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ECP/DCB Legal case 2026 Dispute Resolution Hearing N24 received

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Comments

  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 42 Forumite
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    My original defence followed the advice received on here, as suggested in earlier posts. I can repost my original submitted defense which, in regard to my statement (paragragh 3) was kept consise as I was advised I would be able to elborate in my WS - if that stage was reached.

    So in that respect should I now include

    1. The the original Money Claim form was submitted by Sarah Ensall and quote relevant references to Mazur.
    2. The court fee claimed on the amended POC by DCB Legal has been entered as £50 as oppose to £35 on the original POC
    3. During my phone mediation call they gave an offer of £35 as a final settlement.

    During my research I tried to verify the land owner at the time of incident - extremely difficult - however it appeared the the land may of changed ownership aroud that time and ECP apparently lost the parking contract with signage etc changing to a new operative approx 3 months later with a new land owner/management company. I sent emails to this company (including directors) but received no response.

    At the time of the alleged overstay, there were meters onsite which I, and my daughter, assumed accepted cash if required. We were not aware of any signs which specically stated "pay by phone only" and having parked there on previous occasions had never had an issue. Even, to date, I avoid 'pay by phone' of any transactions of all descriptions due to being heavily scammed the previous year - was going to put all this in my witness statement. I intended to include all these detailes in my witness statement.

    To date I have received no other information from ECP/DCBL/DCBLegal in respect of evidence except photo ANPR photos with times and and images of a couple of alleged on site signs at time of allegation.

    My understanding is that, as defendant, I have until 4pm 9th April 2026 to submit/amend defence to the claim.

    This is all so draining but I am determined in pursuing - hopefully not having to stump up

  • Coupon-mad
    Coupon-mad Posts: 162,011 Forumite
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    edited 20 March at 5:06PM
    1. No
    2. Yes
    3. No you aren't allowed to mention it.

    You'll never pay. They'll discontinue. This is just a blip and you should cross out and amend your defence in red.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 42 Forumite
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    edited 3 April at 6:32PM

    I have until 4pm on 9th April to submitt an amended defence. I've noted the difference in the court fee amount and interest calculations as you have pointed out. I have no idea of how the interest is worked out, apart from what was on the original claim form dated 31 July 2025 - could an explanation be given please. I have been debating with myself how/if I should submit an amended defence with something regarding the change in court fee and that interest has been incorrectly calculated on their amended POC. Possibly including something about how this is indicative of bulk litigation template response????

    "AND THE CLAIMANT CLAIMS

    1. £170 being the total of the PC(s) and damages

    2. Interest at a rate of 8.00% per annum pursuant to s.69 of the County Court Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.

    3. Costs and court fees"

    Many thanks

  • Coupon-mad
    Coupon-mad Posts: 162,011 Forumite
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    I would simply say about the interest that:

    It is unclear how the supposed interest is calculated and on what figure/when. The PC was not £170 yet this claim includes pre-loaded interest seemingly on the entire exaggerated quantum. Whilst S69 of the County Courts Act 1984 grants courts a discretionary power to award simple interest, this Claimant presumes a right to 8% interest on the top line of the sum claimed. Exaggerated claims for impermissible sums are good reason for the courts to intervene.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 42 Forumite
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    Many thanks - you are a massive help and much appreciated.

    I endeavour to search/read all relevant links/posts and take onboard advice and information. There's just so much and I loose track.

    1. Do I send a copy of my original defence with the amendments on, taking heed of compliance to procedure, and add to my point 3 or would it be prefable to put in points 1 or 2 which mentions costs.

    2. Does the amendment need to be made under the relevant paragraph or at the end of the statement defense statement

    My original defense submitted on 28/08/25 after following all advice and relies to my posts on here

    defense photo MCOL.jpg
  • Coupon-mad
    Coupon-mad Posts: 162,011 Forumite
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    edited 4 April at 1:54PM

    You just head it up AMENDED DEFENCE, strike through anything (in red) that is no longer relevant then at the bottom add anything new - again in red - plus a fresh statement of truth, signature and correct April 2026 date.

    Or you could replace whole paragraphs by striking it through then putting the new paragraph version in red underneath each one changed. Whatever looks clearest.

    I would replace para 1 with the new version now in the Template Defence as it includes important words about HHJ Moloney (as does a much later para in the edited Template Defence, so copy that across too).

    You can use my paragraph about the interest & should add that the Claimant's witness has changed some of the sums from the first POC, without explanation.

    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 42 Forumite
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    Thank you. I will get that done and post before I submit - inbetween grandkids hyper activity!! @Coupon-mad your last sentence above says "claimant's witness" is that correct or should it be claimant's representative/agent???

  • Coupon-mad
    Coupon-mad Posts: 162,011 Forumite
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    Claimant's representative; you are right.

    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • m0mm4_n4nn4
    m0mm4_n4nn4 Posts: 42 Forumite
    10 Posts First Anniversary Name Dropper

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