Civil Enforcement Defence

Nomad24

AOS complete. Ready to enter my defence online as per advice on newbies thread. Did not enter car park but ANPR picked up vehicle entering an adjacent compound. Was not the driver on the day. Here is what I plan on changing, planning to use the rest of the template as is. Thank you so much!

2. ......The Defendant admits to being the registered keeper but was not the driver at the time of the alleged incident. (attached onto end)

3. With regards to the Particulars of Claim 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) indicate that typical private parking Particulars fail to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction 16.7.5. On 15 August 2023, HHJ Murch held that “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 here, and the Defendant invites the Court to strike out the claim under CPR 3.4.

3A. Without prejudice to the above, the Defendant denies that the vehicle entered or was parked within the Claimant’s car park. The Defendant’s vehicle turned into an adjacent MOT garage immediately before the boundary of the Claimant’s managed land, and later exited from the same location. The Claimant’s own ANPR evidence confirms this. Accordingly, no parking event took place, no contract was formed, and the Claimant had no lawful basis to obtain or process the Defendant’s personal data under the Data Protection Act 2018 and UK GDPR. The Defendant also notes that no Notice to Keeper compliant with Schedule 4 of the Protection of Freedoms Act 2012 has been produced, therefore there is no keeper liability in any event.

Car1980

Can you show us the particulars? Otherwise we're working half blind.

And would be easier if you changed the title of your thread from Appeal to Defence.

Le_Kirk

What was the date of issue of the N1SDT claim form and what date did you complete the AoS?

Nomad24

Le_Kirk said:

What was the date of issue of the N1SDT claim form and what date did you complete the AoS?

Date of issue was 10 October. AoS completed on 19th October. 

Car1980 said:

Can you show us the particulars? Otherwise we're working half blind.

And would be easier if you changed the title of your thread from Appeal to Defence.

Apologies - done now. Particulars of the claim are as follows:

Claim for money relating to a Parking Charge for breach of contract terms/conditions(TCs) for parking in private car park (CP) managed by Claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrols monitor vehicles entering/exiting the CP and TC breaches. Charges of GBP170.00 claimed. Violation date: xx/08/2024 Payment due date: xx/09/2024 Time in: xx:xx Time out: xx:xx PCN: Refxxxxxxxxx Vehicle reg mark: *redacted* Car park:- *redacted* Total due- GBP170.00 (Pay: www.ce-service.co.uk or 01158225020) The Claimant claims the sum of GBP188.03 for the unpaid parking charge inc GBP18.03 interest under S.69 of the CCA 1984 Rate: 8.00% pa from due date to- xx/10/25 Same rate to Judgment or sooner payment at daily rate of- GBP0.04 Total debt and interest due- GBP188.03

Gr1pr

So the alleged breach is not pleaded in the POC   ?

Le_Kirk

Nomad24 said:

Le_Kirk said:

What was the date of issue of the N1SDT claim form and what date did you complete the AoS?

Date of issue was 10 October. AoS completed on 19th October. 

With an issue date of 10/10/25 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 12/11/25

Le_Kirk

Gr1pr said:

So the alleged breach is not pleaded in the POC   ?

Seems to be the ubiquitous "breach of terms without specifics" so the OP can use the template defence that includes Chan & Akande

Nomad24

Thank you very much. Will use the template as outlined.