Euro Parking Services/Gladstones Solicitors - Court Claim (Defence help required)

palegreenghost

Hello, my dad received a claim form today and I'm just looking for a few pointers on building his defence. I'll include everything we have so far below.

I've already acknowledged the MCOL, I just need to send them the defence. I have my own thread on these forums for my own PCN so I've got a decent idea of what I'm doing but it'd be good to get some fresh eyes on his particular case to work out the specifics. 

He told me that he parked in that space, he usually goes to the cash machine at the petrol station, however he can't recall if he actually went to the machine or not, there's a chance that he forgot to bring his debit card, he left the petrol station premises briefly then got back in the car and left. As you can see from the period of parking it was just under 8 minutes, I don't know if that helps his defence or not? My dad 73 years old and has mobility issues just to add some context. 

Thank you (again)

PCN:


The Sign:


Claim Form:

Gr1pr

The POC do not identify any breach,  so use the new defence template by coupon mad in announcements,  on MCOL using dads account,  no sending anything by post or email 

Study other recent Gladstone defences where the breach is not pleaded,  so the Chan and Akande strike out versions

Castle

A password has been left showing.

(I should've added that there's more than one Tamworth Service Station).

palegreenghost

Is this sufficient for paragraph 3?

3. The Defendant has little recollection of the events considering this was over a year ago and has used the Cash machine/ATM at this particular location many times without issue. 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'."

palegreenghost

My dad just received his DQ.

I was wondering because of his age and his poor health, if it would be okay for the case to determined on the papers and not go to a hearing? 

Coupon-mad

No, absolutely not. That's how most people lose. Go with him to the hearing...carry on.

palegreenghost

I thought as much, I just don't want to put him through anything too stressful but I'll have a word with him about it. Why are his chances better if he attends in person? 

Gr1pr

Chances are that it might not get to a hearing,  besides which, any hearing will likely be next year,  maybe in 6 months time,  no point worrying about it now, it's pointless,  a lot can happen in that time, it's only like an interview,  not a murder case or Rooney versus Vardy, if it happens 

palegreenghost

Haha thanks, I just talked to him about it and he said he's up for it regardless. 

Le_Kirk

palegreenghost said:

I thought as much, I just don't want to put him through anything too stressful but I'll have a word with him about it. Why are his chances better if he attends in person? 

Zero chance of winning if he doesn't attend as the claimant can say what they like with no rebuttal from the defendant as he won't be there!

Coupon-mad

palegreenghost said:

I thought as much, I just don't want to put him through anything too stressful but I'll have a word with him about it. Why are his chances better if he attends in person? 

Because otherwise he is handing their legal rep the floor, with every word going unchallenged!

No apologies for re-posting this (if you've done it already, thankyou!):

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.