CEL issued me with a PCN for not paying within 10minutes

Gr1pr

Save your stories for a future WS in several months time, should it be needed, especially because you only get 122 lines in the defence box on MCOL, plus you arent responding to a specific allegation in the POC

You can wax lyrical about it then , not now

You left that " at the end of paragraph 3, despite my warning, plus you removed words from paragraph 2, here is my take on it, because the defence must be truthful, regardless of previous information or appeals

2 The allegation(s) and heads of costs are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and state that they were not the Registered Keeper, or Keeper, or Hirer, or Driver, but just a passenger in the vehicle.

3 With regards to the POC in question, two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30) 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 Chan case, HHJ Murch held: '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 the Defendant trusts that the Court should strike out the extant claim, using its powers pursuant to CPR 3.4. The second recent persuasive appeal judgment also held that typical private parking case POC (like this) fail to comply with Part 16. On the 10 May 2024, in CPMS v Akande, HHJ Evans held: 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'.

1505grandad

I am confused - in the op it is stated:-

"I parked up and tried to pay but the only way to pay is via the terrible Ring and Pay app."

Was this also stated in the appeals etc?

Also how has the Defendant received the claim in their name if the end of para 2 seems to block out the usual ways.

Possibly missed the answer in the thread so apologies if so.

Lionredblue

@Gr1pr sorry I didn't follow your instructions correctly, thank you for confirming.

I have now added the information from the template with the changes you have highlighted to Paras 2 and 3.

I have not included a Witness statement or any details regarding the facts and events, is this only for the next stage ?

One last question before I completed my response - in Para 2, I am confirming I was only a passenger.

This is the truth I was the passenger and only gave my contact details because I was the person who paid the parking fee, I can't remember how my details were given to CEL and if it was stated anywhere I was the driver - could this affect my defence ?

Gr1pr

What matters is the truth on the submitted defence, regardless of before, but its been pointed out that your opening post seems to indicate that you drove in and parked, so one of your statements is either incorrect or not truthful

I will assume that your recent replies are the actual truth, a passenger who paid the parking fee

NO witness statement is submitted with any defence, that stage is when you submit it to your local civil court after they have written to you, possibly later this year or early next year, depending on how busy they are

There are a few stages between now and then , the WS is a few stops away at the moment

Le_Kirk

You are submitting a defence, as @Gr1pr writes, Witness Statements are for some months down the line.

Lionredblue

Thanks @Gr1pr unfortunately when the PCN first came I was very naive and just gave my contact details and took on the appeal as I was the person who paid the parking fee. I didn't realise the importance of the fact I wasn't the actual driver and how relaxed I had been with my description of events (stating I drove in and parked etc) until reviewing all the advice on this forum. Big lesson learnt, I will continue with my defence following the advice and see what happens next.

Gr1pr

The 8 steps in the defence template thread in announcements tell you what happens next, because its a step by step process