MANOR PARKING, GLADSTONES court claim 2025

Skintandangry

Please cast your eyes over this before i submit the AoS and correct or add as you think necessary.

The Defendant’s letter to the claimant dated 03/04/2024 admitted that they were the registered keeper and not driver, the defendant contested that any contract existed between the parties because the Notice to Keeper was not POFA compliant, the claimant ignored this letter. Therefore under CPR 3.4(2) the court should (a) strike out a statement of case if it appears to the court ‘that the statement of case discloses no reasonable grounds for bringing the claim’

Two recent 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 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'.

Gr1pr

Get the AOS done ASAP, regardless,  because that deadline is looming this week , so please get it done 

The defence deadline will then be 10th Nov 2025 at 4pm

Le_Kirk

As above: -

With an issue date of 06/10/25 and providing you complete(d) the AoS after 11/10/25 and before 25/10/25

your defence deadline date is 4.00 p.m. on 10/11/25

Skintandangry

Aos done. 

I completely misunderstood the process, not realising the AoS was a simple form filling exercise.

Should I now file the defence as above?

Gr1pr

Please edit your thread title to something more suitable like 

MANOR PARKING,  GLADSTONES court claim 2025

Skintandangry

Thanks for all comments so far. Thread title now amended as suggested by @Gr1pr

Incident 21/02  pcn issued 15/03 which is some 22 days should I add that to the defence ?

Coupon-mad

Kpmp54 is recent & has Chan & Akande and also Excel v Smith and VCS v Edward.

Now, I know you are at defence stage (not WS/evidence yet) but you should read that thread & grab the wording about Smith & Edward. If you weren't driving & the NTK was too late, then you CANNOT be held liable.