Received a Claim Form from DCB Legal on behalf of Euro Car Parks

Kayce_Dutton

I'm preparing my defence and know 11 out of the 12 Paragraphs are the same.  

Would it be possible to review my 3rd paragraph?

3. With reference to Paragraphs 2 and 3 of the Particulars of Claim, the Defendant denies the allegation of breach on 15/08/2025. The claim is based on the fact that this rogue industry no longer allows a fair 'consideration period' on arrival. It would have taken at least eight to ten minutes to drive into the car park past the entrance, find a suitable space, park, gather bags & belongings, lock the car then walk to the nearest machine on the other side of the carpark to finally read the terms and pay. The Claimant allowed no time for this even though the contract only commences once terms are accepted and payment is made. The parking charge is baseless.

Gr1pr

There are only 10 paragraphs in the template defence,  not 12

Personally,  I don't like your paragraph 3 above , sorry

Kayce_Dutton

Do you know what I can do to improve it?
My partner doesn't have the ticket anymore, so its sticky situation.

Gr1pr

Your paragraph 3 should refute the POC, so adapt

Not having the paperwork is irrelevant at this time, the defendant is defending against the recent claim form

So adapt paragraph 3 from another recently approved ECP defence. ( not a rant. )

Kayce_Dutton

Do you know of any examples where.parking was paid but the car exited after the permit time.

Sorry I literally found one and modified it and thought I would be fine 

Gr1pr

I dont think that you should be looking for anything so specific, keep it more generic and vague

Coupon-mad

Kayce_Dutton said:

Do you know of any examples where.parking was paid but the car exited after the permit time.

Sorry I literally found one and modified it and thought I would be fine 

You don't need any detail.

Copy a generic, non-committal one from 2025. You have hundreds here to choose from. Don't type specifics.

Kayce_Dutton

3. The Particulars of Claim allege a breach of parking terms on 15/08/2025. This is denied. The Defendant has no recollection of the event and never received any valid notice or reminder. The alleged event took place over 4 months ago. The Defendant cannot identify the driver and denies liability in any capacity. The Claimant is put to strict proof of the breach, the terms relied upon, the evidence used, the driver’s identity, and full compliance with Schedule 4 of the Protection of Freedoms Act 2012 if they attempt to pursue keeper liability. The Particulars of Claim lack detail and do not set out the alleged contravention with clarity. The Claimant has not shown that clear or adequate signage existed at the time or that any contract was formed. The Defendant also notes that any stay would have been within the allowed period, including grace periods set out in the relevant Code of Practice. The Claimant is required to prove service of all statutory and contractual notices, the DVLA data trace, and a lawful breakdown of the sum claimed. In the absence of such proof, the Defendant denies the claim in full.

Coupon-mad

Remove para 4. It isn't true for Euro Car Parks. You should have only searched for them.

Kayce_Dutton

3. The Particulars of Claim allege a breach of parking terms on 15/08/2025. This is denied. The Defendant has no recollection of the event and never received any valid notice or reminder. The alleged event took place over 4 months ago. The Defendant cannot identify the driver and denies liability in any capacity. The Claimant is put to strict proof of the breach, the terms relied upon, the evidence used, the driver’s identity, and full compliance with Schedule 4 of the Protection of Freedoms Act 2012 if they attempt to pursue keeper liability. The Particulars of Claim lack detail and do not set out the alleged contravention with clarity. The Claimant has not shown that clear or adequate signage existed at the time or that any contract was formed. The Defendant also notes that any stay would have been within the allowed period, including grace periods set out in the relevant Code of Practice. The Claimant is required to prove service of all statutory and contractual notices, the DVLA data trace, and a lawful breakdown of the sum claimed. In the absence of such proof, the Defendant denies the claim in full.