My first court defence

UncleThomasCobley

JoeN1988 said:

PD 16.7.5 states:

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.

"Registered keeper and/or driver" does not "state by whom", only a generic scattergun allegation.

They are alleging that a P&D ticket was not "valid", they have failed to say "when" (a time) as a date on its own is not specific.

They have not stated "where" the alleged contravention Tok place. As already pointed out, "the Warwick Road" is definitely not where it allegedly occurred.

 CEL v Chan applies as they have failed to adhere to CPR16.4(1)(e) and PD16.7.5.

Coupon-mad

JoeN1988 said:

Coupon-mad said:

You can't send separate emails with different info.  You must cc in Elms.

BUT the only thing that strikes me is Elms Legal POC do stat what the breach was, so are you sure the case is relevant to your POC?

I don't follow? Are you suggesting CEL V chan might not be relevant to my case, regardless of the vague particulars aforementioned by yourself?

Oh I wasn't aware this was "the Warwick Road" one where I'd already spelt out the failings in the POC.  We do reply up to a hundred times a day here and your thread had moved on to new pages.

JoeN1988

Cheers guys, i got a bit confused there. I appreciate you're looking after plenty of other threads aside from this one.

I'll highlight these failings as best as i can in tomorrow's email to the allocating Judge. It would be great if we were able to get it struck off!

JoeN1988

Draft email for Directions Questionnaire:

Dear Sir/Madame,

Re: Claim XXXXXXXX

Please find attached completed Directions Questionnaire (Form N180).

Please also find attached a case transcript for CEL v Chan.

The particulars of the claim made against me are woefully vague. PD 16.7.5 states that:

"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."

"Registered keeper and/or driver" does not "state by whom", it is only a generic allegation. 

The claimant is alleging that a P&D ticket was not "valid", they have failed to say "when" (a time) as a date on its own is not specific.

They have not stated "where" the alleged contravention took place. "The Warwick Road" is a public highway so it would be impossible to have entered into a contract with a private parking company. 

 CEL v Chan applies as they have failed to adhere to CPR16.4(1)(e) and PD16.7.5.

It is my hope that the Judge recognises the inadequacies of the Claimants PoC, as did Judge Murch in the above case, and strike out the claim.

Kind regards...



I've done my best here, but your input would be invaluable

KeithP

From google...

JoeN1988

KeithP said:

From google...

You're a funny guy Keith

What would be the proper form of address?

KeithP

Dear Sirs is usual when writing to a business, but I suppose you could use Dear Sir/Madam if you wish.

JoeN1988

KeithP said:

Dear Sirs is usual when writing to a business, but I suppose you could use Dear Sir/Madam if you wish.

As you can well appreciate its a minefield in this day and age. I'd hate to assume anything of anyone 🤣

Flippancy aside, I'll take that on board, thanks. 

milkybk

Ah, the classic combo of Excel and Elms Legal - they're both woeful at all stages of these proceedings (personal experience). Best of luck, follow the advice on here and I have no doubt you'll successfully defend yourself.

Will be checking in periodically in case I can offer any personal experience in latter stages. 

UncleThomasCobley

You do not sign a formal letter "kind regards". That's as bad a signing it "love and kisses". 

You sign a formal letter with "Yours faithfully".