2nd response to LBC from Gladstones on behalf of Horizon

Excelsior47

Submitted AOS on the 26th. I have drafted the defence template with the 10 paras including the specific para 3. Also added note to para 2 re being a lessee/not driving at the time and notice not being POFA compliant. 

Coupon-mad

Sounds good as long as para 3 is the Chan & Akande version.

Excelsior47

Yes, as below:

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

Great!      

Excelsior47

Submitted today!

Excelsior47

Received DQ form to be completed and filed by 20 Feb. Presume to email it, I should complete a PDF version rather than pictures/scan of the paper form?

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/81875837#Comment_81875837

Correct, download one from here: -

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Excelsior47

https://forums.moneysavingexpert.com/discussion/comment/81875967#Comment_81875967

Thanks for the link! I've also received an email with the claimant’s own N180 and they've elected for mediation without court intervention. What would happen if I were to opt for that and there's no settlement after the mediation meeting?

Le_Kirk

Mediation is compulsory now and is conducted by a "neutral" mediator. Do you mean they have selected it to be "heard on the papers" as in box D1?

Excelsior47

https://forums.moneysavingexpert.com/discussion/comment/81878825#Comment_81878825

Looks like they were trying to mislead in the email. Yes, re box D1.