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Claim from Civil national business centre.

13

Comments

  • KeithP
    KeithP Posts: 37,528 Forumite
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    edited 24 January at 2:17PM
    So they are not saying what the driver did wrong, nor how many times he/she allegedly did it wrongly - just that over a period of three weeks the driver did do something wrong on more than one occasion.

    Pretty poorly pleaded, don't you agree?

    Less than three hours to go to your Defence filing deadline.
    Do you have time to add the Chan paragraphs to your Defence to kill this matter once and for all? I suspect not. What a shame.
  • Wiganlad
    Wiganlad Posts: 20 Forumite
    First Post
    How is the POC deficient? Is this because they have only put dates on and not specific times? How can I use this?
  • Coupon-mad
    Coupon-mad Posts: 131,284 Forumite
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    edited 24 January at 2:38PM
    As Keith said:

    So they are not saying what the driver did wrong, nor how many times he/she allegedly did it wrongly - just that over a period of three weeks the driver did do something wrong on more than one occasion.

    Use the hharry100 version of defence (linked in the 3rd paragraph of the Template Defence) add your BRIEF facts underneath the Chan images, plus the words above.

    Show us what the first 7 paragraphs then look like.  Nearly there!

    DON'T show us the whole template although obviously you are using it all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Wiganlad
    Wiganlad Posts: 20 Forumite
    First Post

    1.  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 in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) 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 boilerplate text in the Particulars of Claim ('the POC').

    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(1)(e) and Practice Direction Part 16.7.5. 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 (transcript below) the Court should strike out the claim, using its powers pursuant to CPR 3.4. 

     

    4. In the period mentioned the Defendant did visit the car St Helens World of Glass to visit the library, museum and café.

     

    5. The Defendant had not noticed any signage close to the where he had parked his vehicle, showing the terms and conditions for use, the Defendant was not aware of any restrictions that applied in the car park due to obscure signage which was impossible to read from where the defendant had parked. The small signage was not suitable to alert a motorists. Due to the age of the alleged breach of contract which is over two years old the Defendant is unable to recall the exact reason for the PCN(s). 


    6.  The claim has been issued via Anchor Security Services Limited T/A Ocean Parking 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 would have required proper particularisation in a detailed document within 14 days, per 16PD.3.  No such document has been served.

    7. The claimant are not saying what the Defendant did wrong, nor how many times he/she allegedly did it wrongly - just that over a period of three weeks the driver did do something wrong on more than one occasion.


  • Wiganlad
    Wiganlad Posts: 20 Forumite
    First Post
    I have changed 4 to “The defendant parked at St Helens World of Glass between 27/11/2021 and 17/12/2023. The defendant went inside to the library and had a look at the museum and then went into Christmas activins next to St Helens World of Glass with their 4-month-old disabled daughter visited the café inside St Helens World of Glass to match what is in the document later
  • Coupon-mad
    Coupon-mad Posts: 131,284 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 24 January at 3:17PM
    Ok but you need to add in the 4 Chan images like in the hharry example and you were wrong to change the template:

    "The claim has been issued via Anchor Security Services Limited T/A Ocean Parking and,"

    NO.  It is exactly as in the Template:
    'via MCOL'
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Wiganlad
    Wiganlad Posts: 20 Forumite
    First Post
    Brilliant, I have changed that back and already added the 4 documents from the template after section 3.

    Thank you for all your help. I am really appreciative of it.

    I will let you know how it goes.
  • Coupon-mad
    Coupon-mad Posts: 131,284 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 24 January at 3:34PM
    Make sure you attach to your email, the defence as a signed & dated PDF.  The Template Defence first 12 steps tells you NOT TO USE MCOL but to email it as a PDF.

    Please re-read those first 12 steps.

    Make sure you get an auto receipt from the CNBC now, wittering on about their delays.  If you DON'T get that acknowledgement email it's not in!

    There is more to do later. Stay in top of it.

    To save me repeating myself:

    https://forums.moneysavingexpert.com/discussion/6499216/claim-form-dcb-legal-advice-please/p2

    The only difference with you is it's CST Law not DCB, so we don't know if they are hearing-shy or not.

    We will see you WEEKS BEFORE the hearing in good time for you to do your WS and evidence (See NEWBIES thread!).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Wiganlad
    Wiganlad Posts: 20 Forumite
    First Post
    I have sent it as a PDF and I have had the auto response from CCBQ.
  • Pin3apples
    Pin3apples Posts: 10 Forumite
    First Post
    Wiganlad said:
    I have sent it as a PDF and I have had the auto response from CCBQ.
    Good Luck!
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