Yet another retail park claim - Euro Car Parks & DCB Legal.

jme85

Hi All,

I have received a claim form in the civil national business centre, the claimant is noted as Euro Car Parks, with DCB Legal as the representative

Seems like a pretty generic claim

Defendant Particulars of Claim

1. The Defendant (D)is indebted to the Claimant (C) for a Parking Charge (PC) issued to vehicle XXXXXXX at The Meadows Retail Park -Chelmsford.

2. The date of contravention is xx/xx/2025 and the D was issued with a PC by the Claimant

3. The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract). Reason: The P&D/permit Purchased Did Not Cover The Date And Time Of Parking.

4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANTCLAIMS

1. £170.00 being the total of the PC and damages.

2. Interest at a rate of 8.00% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.03 until judgment or sooner payment. 3. Costs and court fees

Am I ok to go with the standard template? Or do I need to change paragraph 3?

This is what I intend to use for para. 3

3. With regards to thePOC in question, two recent persuasive appeal judgments in Civil EnforcementLimited v Chan (Ref. E7GM9W44) and Car ParkManagement Service Ltd v Akande (Ref. K0DP5J30) would indicate the POC fails to comply with Civil ProcedureRule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, inthe Chan case, HHJ Murch held: 'the particulars of the claim as filedand served did not set out the conduct which amounted to the breach in relianceupon which the claimant would be able to bring a claim for breach of contract'.The same is true in this case and the Defendant trusts that the Court shouldstrike out the extant claim, using its powers pursuant to CPR 3.4. Thesecond recent persuasive appeal judgment also held that typical privateparking case POC (like this) fail to comply with Part 16. On the 10 May 2024,in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to setout the basic facts upon which a party relies in order to prove his or herclaim'."

Gr1pr

Standard template, not Chan and Akande, because the alleged breach was pleaded in the POC above

Post the Issue date from the top right of the claim form below

jme85

https://forums.moneysavingexpert.com/discussion/comment/81954855#Comment_81954855

19 March 2026

Gr1pr

I do hope that you have already completed the AOS stage online on MCOL ? Because its late if not completed

jme85

https://forums.moneysavingexpert.com/discussion/comment/81954861#Comment_81954861

I completed it today

Le_Kirk

With an issue date of 19/03/26 and providing you complete(d) the AoS after 24/03/26 and before or on 07/04/26 your defence deadline date is 4.00 p.m. on 21/04/26

I would check the status of the claim because technically you were, as @Gr1pr writes, late. Make sure the claimant has not gone for a judgment in default.

Coupon-mad

Please edit your thread title as this is not 'the' Chelmsford Retail Park (infamous for ParkingEye v Beavis). Thread title could be:

Yet another retail park claim - Euro Car Parks & DCB Legal.

jme85

https://forums.moneysavingexpert.com/discussion/comment/81954960#Comment_81954960

How do I check that?

Gr1pr

Login to MCOL via your government gateway account and check your MCOL claim history

Coupon-mad

An AOS (even late) is good enough.

jme85

What's a good defence in this case? They are pursuing me as the registered keeper, is there a way to defend it as I don't have to identify the driver?