Country Court Business Centre - UKPC, Help!

Razor195

Perfect, thank you Coupon-Mad!

So now I've got,

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

2. The Defendant lived at the address where the parking ticket was issued, The Defendant was parked in his allocated space.

3. As per pictures 1, 2 & 3 there are no signs around the parking space that state the parking space that The Defendant parked in required a parking permit.

4. The Defendant lived at this address for a total of six years and never had another problem and continued to park in his allocated parking space during that time period without a permit.

5. UKPC responded to The Defendant’s ticket contest asking for a copy of a valid parking permit which could not be produced as The Defendant did not have one & was not aware one was required due to lack of appropriate signage. UKPC advised to talk to First Port (property management company) to get a new permit.

6. The Defendant was not able to speak to First Port as he did not own the property so upon consulting his landlord – who was also not aware that there was permit parking in place – The Defendant’s landlord spoke with First Port and was told that there is no permit required & that ‘it would be fine’.

Then from Johny86's post as below, which I will re-number before submitting!

5. The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”. 

6. The Defendant is unable, on the basis of the POC, to understand with certainty what case is being pursued. 

7. The POC are entirely inadequate, in that they fail to particularise (a) the contractual term(s) relied upon; (b) the specifics of any alleged breach of contract; and (c) how the purported and unspecified 'damages' arose and the breakdown of the exaggerated quantum. 

8. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form.  The fact that generic wording appears to have been applied has obstructed any semblance of clarity.  The Defendant trusts that the court will agree that a claim pleaded in such generic terms lacks the required details and requires proper particularisation in a detailed document within 14 days, per 16PD.3 

9. The guidance for completing Money Claims Online confirms this and clearly states: "If you do not have enough space to explain your claim online and you need to serve extra, more detailed particulars on the defendant, tick the box that appears after the statement 'you may also send detailed particulars direct to the defendant.'" 

10. No further particulars have been filed and to the Defendant's knowledge, no application asking the court service for more time to serve and/or relief from sanctions has been filed either. 

11. In view of it having been entirely within the Claimant's Solicitors' gift to properly plead the claim at the outset and the claim being for a sum, well within the small claims limit, such that the Defendant considers it disproportionate and at odds with the overriding objective (in the context of a failure by the Claimant to properly comply with rules and practice directions) for a Judge to throw the erring Claimant a lifeline by ordering further particulars (to which a further defence might be filed, followed by further referral to a Judge for directions and allocation) the court is respectfully invited to strike this claim out. 

Then beyond this the rest of the template unchanged?

Cheers,

Nick

Coupon-mad

Very good.  We predict a discontinuance at WS stage (see NEWBIES thread).

Razor195

Thanks! Submitted on Friday - got an automatic email response. I'm assuming that's what usually happens and then the follow up within 10 days as per the email?