Claim Form, Different Address, Appeal

Here is the Defense argument as suggested by Prankster by email. I will add more points based on ur suggestions and reply to above Q.

Defence Argument
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1. The Particulars of Claim do not disclose any reasonable grounds for bringing the claim and are an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings.
2. The particulars fail to comply with Civil Procedure Rule 16.4 and Practice Direction 16, paragraphs 7.3 – 7.5
CPR 16.4 Contents of the particulars of claim
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
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(e) such other matters as may be set out in a practice direction.
PD 16 paras 7.3 – 7.5
7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).
7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.
7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
3. As an example as to why this prevents a defence being filed at this time, a parking charge can be for trespass, breach of contract or a contractual charge. All these are treated differently in law and require a different defence. The wording of any contract will naturally be a key element in this matter, and a copy of the alleged contract has never been provided to the Defendant
4. The claimant’s solicitors are serial abusers of the court process in this manner. A sample is attached at the end of this defence.
5. The Defence therefore asks the court to strike out the claim as having no reasonable prospect of success as currently drafted.
6. Alternatively, the Defendant asks that the claimant is required to file particulars which comply with practice directions and include at least the following information
a. Whether the matter is being brought for trespass, breach of contract or a contractual charge, and an explanation as to the exact nature of the charge
b. A copy of any contract it is alleged was in place (e.g. copies of signage)
c. How any contract was concluded (if by performance, then copies of signage maps in place at the time)
d. Whether keeper liability is being claimed, and if so copies of any notice to driver/notice to keeper
e. Whether the Claimant is acting as agent or principal, together with a list of documents they will rely on in this matter
f. If charges over and above the initial charge are being claimed, the basis on which this is being claimed
g. If interest charges are being claimed, the basis on which this is being claimed
7. Once these particulars have been filed, the Defendant asks for reasonable time to file a defence

I believe the facts stated in this Defence Statement are true.

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(Defendant) (Date)