DCB LEGAL, PARKING EYE court claim

Le_Kirk

With an issue date of 14/08/26 and providing you complete(d) the AoS before or on 02/09/26 your defence deadline date is 4.00 p.m. on 16/09/26

Given the pathetic state of the breach pleaded, you can use the defence that includes Chan & Akande, linked in the template.

Jay_rs

https://forums.moneysavingexpert.com/discussion/comment/82106653#Comment_82106653

Sorry, not sure what any of the acronyms on here mean, I've not done anything since I got the letters as I read to ignore until letter before claim/court letter comes.

Coupon-mad

But you will know the acronyms when you revisit NEWBIES PLEASE READ THESE FAQS FIRST. This is a self-help forum and everything you need to know is there.

Post 5 has the usual acronyms explained.

Post 2 tells you how to defend a court claim by using the Template Defence.

Le_Kirk

Sorry, not sure what any of the acronyms on here mean, I've not done anything since I got the letters as I read to ignore until letter before claim/court letter comes.

As @Coupon-mad writes you can find the acronyms in post 5 of Newbie sticky. You have now received a court letter so the time for action is now or before September 2nd.

Jay_rs

Hello again, I've completed my defence draft but I am unsure if it is 100% solid. Would it be possible/advisable to DM it to a member that has the knowledge and can advise? Thank you again

Gr1pr

Just post your proposed paragraphs 2 & 3 below, where many eyes can look it over, not just 2

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82123856#Comment_82123856

Nope not by pm. We ignore those, usually.

Normally we'd say to just show your draft para 3 here like everyone else does in all the other claim threads you can browse through. This isn't anything new or different or something to hide.

But hang on…you are using the Template Defence which we advised you to study carefully, so why have you drafted anything? You weren't meant to.

On 18th August it took us less than a second to spot and point out:

"actual alleged breach not pleaded"

As your POC doesn't plead any breach, you know from the Template Defence's specially linked version for such claims, that you aren't even drafting a para 3.

You could have bunged in that defence in August. There was nothing to draft!

Gr1pr

So not the paragraph 3 Chan and Akande template paragraph, but a bespoke paragraph instead. ?

Ps , you have implicated yourself by stating that the defendant drove into the development

Coupon-mad

You are not meant to write ANY para 3. Please read what I said again.

Jay_rs

Hello again, I've managed to come up with another draft, I hope this is more correct as this whole process has completely fried my brain. I'm not sure whether its overly complicated, I'm overwhelmed and panicking or just outright stupid, Thanks

3.The allegation(s) are vague and liability is denied for the sum claimed, or at all. The alleged event occurred nearly five years before these proceedings were issued and the delay in bringing the claim has made retrieval of material evidence and recollection of events difficult and prejudicial. The Defendant has little recollection of the alleged event, save that the Defendant was not the registered keeper of the vehicle. The vehicle was a courtesy/hire vehicle and the Defendant does not recall receiving a Notice to Hirer or the accompanying documents required for reliance upon Schedule 4 of the Protection of Freedoms Act 2012. The Claimant is put to strict proof of compliance with POFA.

The Particulars of Claim state only that the vehicle “Remained on Private Property In Breach Of The Displayed T&Cs”. They do not identify any particular contractual term said to have been breached, nor specify the conduct alleged to constitute that breach. The Defendant therefore cannot properly ascertain the case that must be answered. Two persuasive appeal judgments, Civil Enforcement Limited v Chan (Ref. E7GM9W44) and Car Park Management Service Ltd v Akande (Ref. K0DP5J30), support the requirement for properly pleaded facts. In Chan, HHJ Murch held that the particulars failed because they did not set out the conduct said to amount to the breach. In Akande, HHJ Evans confirmed that particulars must set out the basic facts relied upon to prove the claim. The Defendant submits that the Particulars here similarly fail to comply with CPR 16.4 and PD16 paragraph 7.5 and invites the Court to strike out the claim pursuant to CPR 3.4.