CIVIL ENFORCEMENT LTD - Court Claim (CEL: S. Wilson)

justcause

I also just spotted this as I was reading through a different thread

Additionally, Civil Enforcement Limited, Company number 05645677 are unlikely to have a valid contract to operate at this location. Any landowner contract that exists is more likely to be with Creative Car Park Limited, Company number 05571660. This is a valid defence and usually results in a discontinuation of the claim if it has not been struck out earlier.

+

We should be including that point in CEL defenc that there is likely to be a hearing in the end but we should remember this defence point!

Coupon-mad

Yes good spot. Include it.

Also please edit your thread title to replace 'Costa Coffee Parking Invoice' with

Court Claim (CEL: S. Wilson)

justcause

Right, I'm back with hopefully a final version of my defence but may need help with the wording on points 4 & 5.

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’.

4. It should be noted that an individual who signs a statement of truth must print their full name clearly beneath their signature." Again CPR has not been complied with and therefore the court should strike out the claim.

5. Additionally, Civil Enforcement Limited, Company number 05645677 are unlikely to have a valid contract to operate at this location. Any landowner contract that exists is more likely to be with Creative Car Park Limited, Company number 05571660. 

Coupon-mad

You can't have speech marks in a defence you put in on MCOL. It will get spat out.

It would be better to copy the wording already in lots of other CEL defences about S Wilson.

justcause

UPDATED DEFENCE

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 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’. 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. 

4.  Furthermore, the Claim Form issued on the 31st October 2025 by Civil Enforcement Ltd was not correctly filed under the Practice Direction 22 – Statements of Truth paragraph 3.8  'The individual who signs a statement of truth must print his full name clearly beneath his signature'. This has not been respected by the Claimants representative.

5. Additionally, Civil Enforcement Limited, Company number 05645677 are unlikely to have a valid contract to operate at this location. Any landowner contract that exists is more likely to be with Creative Car Park Limited, Company number 05571660. 

Please advise as defence is due by 4th December and I feel like I'm going round in circles, I've been under a lot of stress in recent times and therefore can't think clearly and put things together as I normally could. I'm not trying to be lazy but really need a helping/holding hand. Kindly appreciated.

Le_Kirk

Just to remind you: -

With an issue date of 31/10/25 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 03/12/25

justcause

Le_Kirk said:

Just to remind you: -

With an issue date of 31/10/25 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 03/12/25

Thank you for that reminder, good job you did as in my head I had it down as the 4th!

Coupon-mad

Looks good.

justcause

Defence submitted today. I’ll update once I have some news. 

Coupon-mad

justcause said:

Defence submitted today. I’ll update once I have some news. 

But not news about things already covered by the first 8 steps please.

  

I wrote those steps to inform people but also to protect our time, by stopping endless posts telling us about the bog standard (fully expected) letters and DQ form, mediation phone call and the tedious S Wilson early template witness statement (there's a thread about that...).

See you back here in Summer 2026.