Euro Car Parks, DCBL, CNBC court paperwork received TK Maxx overstay

Scubanutta

My partner received a claim form 5 days ago. They are claiming a total of £290.56. I’ve read through the Newbies thread. I’d like some advice as to: 

- whether to defend
- defence
- at which point I can ask for evidence (I don’t have the times or alleged duration of overstay) 

- is it best to name the driver and go with a legitimate customer defence?

I was shopping on the date of the alleged “overstay” in 2022. Bank statements show purchases from the store, on that date, of just under £200 in value, so a legitimate customer, and an understandable longer stay. Neither of us recall receiving a parking charge. 

If someone had discarded all correspondence, until the claim form, would they still have a defence?

 

Gr1pr

She should definitely defend in full, so she should get the AOS done online on MCOL ASAP 

Use the defence template after studying other recent ECP DCB Legal cases within the last 2 months 

The WS plus Exhibits bundle in several months time is when both sides have to submit those documents,  so not at this early stage 

Too late to name the driver 

Your partner has a defence,  regardless of any previous paperwork 

Post the issue date from the top right of the claim form 

Scubanutta

Thank you so much. How do I find cases by date, rather than just randomly?

My partner (he) wouldn’t be able to defend with the receipt, on those grounds, would he? As I was shopping.

Issue date: 28th May 2025. Which I believe sets the DOS to 2nd June. 16/6 last date to AOS, 30/6 last date to file defence.

I’m a little confused as to which defence, and when that has to be decided by. I’ll do the AOS tonight. 

Greatly appreciate your kind attention 🙏 

Scubanutta

Ahh, one more thing. The proof of purchase may only be bank statement. And it came out the day after (as is often the case). I may be able to find the receipt in my tax return from that year. 

Gr1pr

The search box allows you to add calendar dates, from and too, plus suitable keywords,  then filter,  to narrow down the search

The defendant defends the case,  regardless of who was driving,  so the name on the claim form defends

4pm on the 30th seems to be the defence submission deadline 

The defendant will defend by adapting the defence template,  same as everyone else is doing

No evidence will be needed for 6 to 12 months,  at the WS stage,  so not now

Yes the Defendant should complete the AOS online on MCOL,  no problem doing it tonight etc, or this week sometime 

Car1980

Bear in mind they'll discontinue the case in a few months anyway.  

Use the template defence and in paragraph 3 just say you were legitimately shopping, spending over £200. 

You can say you were the keeper but not the driver, but that both the keeper and the driver will be submitting witness statements (not that it will get that far). No need for the driver name at this stage.

Scubanutta

Thank you a million times for even answering. Feeling like we have someone else out there is such a relief.

I’ve now completed the AOS, strictly following the guidelines on Dropbox thingy.

1) I note that CouponMad has used the following as a model example para.3 in DCBL cases. As this is a DCBL case, should I use this and add the legitimate customer defence? I’m just a bit confused about the part about “no evidence of a breach of prominent terms”. Am I to assume that this standard defence is meant to place the burden of proof on the claimant? 

“ 3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 23/06/2020, as alleged.  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.

3.1 Due to the length of time, the Defendant has no recollection of the day in question. The Defendant has parked in this car park many times while shopping in The Homebase Store with evidence of transactions available to submit when required. The Defendant was unaware of parking restrictions in place. The Defendant had not noticed any ‘Prominent’ signage close to where the vehicle was parked, showing the terms and conditions for use. The small signage was not suitable to alert a motorist, leading to an unawareness of any parking restrictions.”

2) Is it only para 3 that we should be changing, and using the rest of the template as is?

3) I’ve found the receipt for purchases on 23/11/22. I can also provide receipts for multiple large spends at TK Maxx on these premises, before and since that date.

I’m keen to get the defence in writing asap, which I’ll then forward by email as per the procedure.

Coupon-mad

You don't attach any evidence at defence stage. Just the signed & dated template defence, emailed to the CNBC and nothing else. This is easy and they'll discontinue by Christmas. No hearing. Nothing to pay.

Why is the Defendant saying this if they weren't the driver? If they weren't they need to say that at the end of para 2.

The Defendant has parked in this car park many times while shopping in The Homebase Store with evidence of transactions available to submit when required. The Defendant was unaware of parking restrictions in place. 

You don't need para 3.1. so remove it.

Use the whole Template Defence of course.

  

1505grandad

Please post a copy of the PoC from the claim form redacting VRM.

What is the oissue date of the claim form?

Scubanutta

@Coupon-mad thank you.

Should I add a para3 of my own regarding legitimate use?

Scubanutta

@1505grandad issue date on this thread further up.

I'll post an image with redacted personal info. Not sure what VRM stands for.