UKPC claim form - DIRECT not from third party

semma19

Someone doesn't have to have an officially diagnosed disability to be considered disabled under the Equality act. Yes the driver had a reason in which to park in the space but did not have a badge. The driver does not own a blue badge.

What is CPR and PD?

UncleThomasCobley

CPR = Civil Procedure Rules
PD = Practice Directions

This is what you add as your paras #2 and #3 including the bold sub-heading:

Preliminary matter: The claim should be struck out

2. The Defendant draws to the attention of the allocating Judge 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.  Bulk litigators (legal firms) 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 based in the following persuasive authority.

3. 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

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A Google search of "Civil Procedure Rule 16.4 and Practice Direction Part 16" will reveal them in full detail.

Coupon-mad

The above is shown in the NEWBIES thread as well now, with a link to a thread showing what the defence looks like.

semma19

I'll update once I've written my defence - thanks all

semma19

I've got my template together, but the one thing I'm unsure of is whether to go into detail that isn't included in the POC.
The POC gives a reference number for UKPC's parking notice, but no actual details of my 'offence'. Does this count as having referenced the terms and conditions that they say were breached - or does it not? This depends on what I put into my defence, obviously (whether to address the disabled space issue at all or not).

Coupon-mad

It doesn't count, no, so you add the CEL v Chan case as the Template Defence shows.  And as you will see from the link to that wording, you DON'T detail the breach because it isn't pleaded.

semma19

Well I got an auto response - hope that counts

semma19

(Does it ?!)

KeithP

stephanieemma said:

Well I got an auto response - hope that counts

stephanieemma said:

(Does it ?!)

No idea.
Care to tell us what these two posts are about?

semma19

After submitting my defence 

It did work, as I've now received a 'Notice of Proposed Allocation to the Small Claims Track' 

Do I need to physically post the Directions Questionnaire?

How do I 'serve notice on all parties'?