UKCPS Moorside Legal Claim Form

Exile51

Well, the smart phone you are using is a computer of sorts. Can you borrow a tablet? Even that makes handling documents easier than a phone.
I would be very careful about collecting a CCJ, because credit checks don’t just apply to loans or mortgages.

Cantpaywontpay7676

What else does a CCJ apply to? If it's car insurance it shouldn't make a difference if the yearly amount is paid off in one go.
Credit cards wouldn't be a problem as I've never had one 

Le_Kirk

Cantpaywontpay7676 said:

What else does a CCJ apply to? If it's car insurance it shouldn't make a difference if the yearly amount is paid off in one go.
Credit cards wouldn't be a problem as I've never had one 

Mobile phones, gas/electric suppliers, broadband, house insurance etc, anything where you might want credit or any bill where you pay monthly as it is a form of credit.  It's not just the fact that "car insurance won't be a problem because it is paid off in one lump sum", they also give you the worst deals on premiums!

Cantpaywontpay7676

Ah right, oh well I'll just have to bite the bullet as I'm not paying up

Cantpaywontpay7676

A very kind friend has drafted a defence for me. Will this be ok to email to the court?

Can I bypass the AOS and send in my defence? 

Cantpaywontpay7676

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=jsgusx1

80wzjz2f6er0436xw2&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 27/12/2023" (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.

Yours sincerely,

Cantpaywontpay7676

Is anyone available please to see if this defence above is ok? 

ChirpyChicken

Yes no need to do aos

Cantpaywontpay7676

this is the photo evidence they're using. This doesn't show where I'm parked or even my number plate

Le_Kirk

That is the standard defence for sparse particulars and it can be submitted by email but you/your friend needs to do two things: -
1. Add the rest of the template defence adjusting the paragraph numbers (no need to show us on here)
2. Correct the judgment link, it has been chopped in half.

Use this https://www.dropbox.com/scl/fi/v2lrfnk408u2qavuokcej/Chan_Akande.pdf?rlkey=o92ljo06yf0ehhyg1j9ayxla2&st=um09mews&dl=0