Claim Forms

Coupon-mad

Or just search the forum for the words:

Moorside defence.

Dead easy. Already written!

makoali123

thank you for you help so far, I have completed my acknowledgement of service. I have found the template with Chan and Akande on a post by Lilacsoftcotton. 

The rest of the the template will follow on from this. I have also amended paragraph 6 as recommended by Coupon-mad in that post. 

Apologies for doubling up but the same defence seems to work for my other case (with changed dates for the alleged PCN). But I will post it again on that.

DEFENCE

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 are two persuasive Appeal judgments 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. Two recent persuasive appeal judgments in Civil Enforcement Limited v Chan (Ref. E7GM9W44) and CPMS v Akande 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. 

https://www.dropbox.com/scl/fi/2jef4c7bljyp6dse24p70/Judgments.pdf?rlkey=jsgusx180wzjz2f6er0436xw2&st=03x4tsbq&dl=0

4. The second recent persuasive appeal judgment Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would also indicate the POC fails to comply with Part 16. On the 10 May 2024, in the cited case, HHJ Evans held that 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim' (transcript linked above).

The facts known to the Defendant:

5. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

6. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 06/01/2024" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. Whilst the Defendant did not see any prominent signs when visiting the location - and to this day, still does not know from the postal 'PCN' nor from reading the woefully inadequate POC what term is supposed to have been breached - it is known that this is not a pay & display car park. Further, this Claimant's standard signage does not quantify any added costs/damages so no monies are due under any agreed/known contract. The Claimant is put to strict proof of all of their allegations in the event that the allocating Judge does not strike out the claim pursuant to the above two authorities.

followed by the rest of the template from paragraph 4.

Thank you all so much for your help thus far. Any feedback would be appreciated

Coupon-mad

I'm not sure para 6 is right for a Moorside POC because that's written for a DCB Legal POC.

I think there was a bespoke one this month in at least one Moorside thread which responded to their language & terminology.

makoali123

I will review it tomorrow, thank you! 

Le_Kirk

I would suggest you use this link, which shows Chan_Akande only

KeithP

Three weeks ago I wrote this on your thread...

...you have until 4pm on Wednesday 19th February 2025 to file a Defence.

Just two days left.

Coupon-mad

makoali123 said:

Thank you for the reply, I will edit this post or comment below(If i cant) with just the details of the former claim forms details I will be acknowledging service tonight after work and will also redact and post the claim forms. 
Claim one is UKCPS issue date of 17/01/24
Claim two is CP Plus Ltd T/A Group nexus issue date 14/01/24 (leaving it till last day to acknowledge")

I will repost tonight with more information on both and will work on the SARs to both companies.
Thank you

Did you get both of these defended?  Don't let them get your money.

makoali123

Hi Coupon mad, defences sent, still waiting for any reply. I am right to continue waiting? Is there a deadline for a N180 to be sent or is it all court delays?

Gr1pr

Check your MCOL claim history and copy and paste it below 

makoali123

Still no new documents at AoS stage, so still wait? 

Seems a long time. Thanks