An appeal letter PPC

JoeN1988

The content in what you posted is from a forum template, the wording is mostly great. You need to be specific about the failings of the PoC if you want to persuade the Allocating Judge. Look at the link to the Practice Direction i sent you only a few posts ago. It tells you what is expected from a PoC. Then look at yours and find what's missing. Mention each inadequacy in your email. 

JoeN1988

, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4.

The same is not true in this case as your POC does state a breach. It's pretty much the only thing that complies with the Practice Direction. 

JoeN1988

Freesoul01 said:

@Coupon-mad , @JoeN1988  apology for bothering you, may I get a response for the below question please? 


Based on the photo above, can i add this to my email? 

The Defendant would like to draws the allocating Judge's attention that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  PPC should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims.

A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4.

The photo you included has no relevance. You need to include a copy of the case transcript. 

https://www.dropbox.com/scl/fi/0sralo7cvus12dx8aepz9/CEL-v-Chan.pdf?rlkey=thq2cultpaz5mxjj639tyarb7&dl=0

nopcns

Do we know whether any allocating judge that considers the N180 DQ actually gets to see any email that it was sent with? I'm not sure that putting a spiel into the email which is only a delivery method for the actual form in PDF format. There is a high probability that it will be some admin staff that print off the paperwork (just the forms/attachments) and they are put into a file for the allocating judge to consider.

It may be more advisable to attach the comments for the allocating judge as additional pdf files together with the N180 as they are more likely to be printed off with the form and placed in the folder.

Just a thought unless someone can confirm whether the allocating judge gets to see the email that was used to deliver the N180.

Freesoul01

Could you please check with me this file? I am willing to sent the email with the attached files today Saturday, thanks for your consideration. 

-----------------------------------------------------------------------------------------------------------------

Additional points for the attention of the allocating Judge

 

1.       The particulars of the claim made against me are woefully vague. PD16- statements of case 7.3 (1)&(2) and 7.4 states that:

Where a claim is based upon a written agreement –a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim, and any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents).

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.

The claimant has failed to attach any copy of a written agreement in accordance to PD 16, 7.3 and 7.4.

2.       The particulars of the claim made against me are incomplete and missing a crucial information. CPR16- statements of case 16.2 (b),(c),(d),(e) states that:

"Where a claim is based upon an agreement by conduct, the particulars of claim must specify the remedy which the claimant seeks; and contain a statement of value in accordance with rule 16.3, where the claimant is making a claim for money; and also contain a statement of the interest accrued on that sum, where the only claim is for a specified sum.”

Although the claimant mentioned a statement of the nature of the claim, they have failed to state a statement of value in accordance with rule 16.3 or a statement of the interest accrued on that sum.

They have not stated the total amount of the alleged contravention or the breakdown of that amount.

In addition to the above point the claimant has failed to adhere to CPR16.4 (2)(b) that states if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2). 

A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) attached in a separate file would indicate the POC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'.

It is my hope that the Judge recognises the inadequacies of the Claimant's PoC, as did His Honour Judge Murch in the above case, and strike out the claim.

Yours Faithfully, 

nopcns

Point 1 doesn't apply as it an alleged breach of contract by conduct.

Freesoul01

Hi again, after submitting the defence, a letter received by the Southampton court acknowledged the change of address on the 4th of July. I am now preparing the witness statement as I will be busy in the coming months and I don't want to put myself under pressure. The issue is I will be away at the beginning of September for work and the dates weren't mentioned in the questionnaire. Would it be possible to send the dates via email to inform the court about my availability?  

Grizebeck

Yes let them know

Coupon-mad

You must!  Urgent email.

Add a few extra days either side, of course.

Freesoul01

Coupon-mad said:

You must!  Urgent email.

Add a few extra days either side, of course.

I didn't know what is the right email address, so I sent it to many different addresses as stated below. 

Enquiries.portsmouth.countycourt@justice.gov.uk

 Bailiffs.portsmouth.countycourt@justice.gov.uk,

jst.portsmouth.countycourt@justice.gov.uk,

DQ.CNBC@justice.gov.uk