Help with Defending Money Claim against parking fine 16 minutes over 1hr at KFC by Civil Enforcement

Coupon-mad

Bin it all. You seem to have missed the link in the Template Defence for Civil Enforcement cases.

Does the POC state the town/postcode of the site?

There was a good CEL one finished this afternoon about a Costa. Go looking for that thread. Copy and adapt that one.

lawmystress

Coupon-mad said:

Bin it all. You seem to have missed the link in the Template Defence for Civil Enforcement cases.

Does the POC state the town/postcode of the site?

There was a good CEL one finished this afternoon about a Costa. Go looking for that thread. Copy and adapt that one.

Hi, thanks for replying. 

Surely this is the template for defence here - https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1 

Says in para 3 add your specific case details? Will go and find Costa case now, thanks for the heads up. 

Coupon-mad

Read the words there about para 3 again

I gave you a clue by telling you to look for the link.

  

lawmystress

Sorry, summer holidays with 2 kids and 6 month pregnant brain isn't cooperating these days! 

So I just scrap it all and just say this in para 3 and we are done? as it was civil enforcement fine but I cant find the original fine so I have no recollection whatsoever if they did state the breach or not  

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'."

Coupon-mad

Yes but the CEL Costco case from today has more that you can use. I posted on it just hours ago.