PC Defence for DCB Legal Ltd (on behalf of Parking Eye) - HELP NEEDED

Sunnybee_

Hi all,
I've read through the newbies sticky and prepared the defence. I'm not good with this sort of thing AT ALL - please can someone check paragraphs 2 & 3 in bold and provide some feedback before I finalise?

2. The allegation(s) and heads of cost are vague and liability is denied for the sum claimed, or at all. At the very least, interest should be disallowed; the delay in bringing proceedings lies with the Claimant. This also makes retrieving material documents/evidence difficult, which is highly prejudicial. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). The Defendant, has little recollection of events considering this was eleven months ago, and has little to add other than admitting that they were the registered keeper and driver. 

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'."

[Is this defence example by minimonsta in the correct place?]

Any help greatly appreciated. 
Thank you 

Sunnybee_

[My car was on the car park for 37 minutes, 10 minutes of this I was trying to read the sign which I’d misinterpreted in that it said you could park there for a small fee Mon-Fri 5pm-8am, I had misunderstood being there at 8:30am as 'no fee applies' and not 'unable to park there at all'. I spent a further 15 minutes walking to a nearby business to see if they could give any clarification on the parking situation and they advised to park in a council car park further down the same street. I paid £4 to park there all day and have the receipt] – Should I include this detail and if so, does it go at the beginning of paragraph 3?

Gr1pr

Paragraph 2 looks OK, if true 

I doubt that you can use paragraph 3, because its likely that the breach was pleaded in the POC on the claim form,  so post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Also post the issue date from the top right of the claim form below too

Sunnybee_

I realise that I can only include 'The Defendant, has little recollection of events considering this was eleven months ago, and has little to add other than admitting that they were the registered keeper and driver.' in para 2 if I don't include the details of events in para 3 or I would be contradicting myself.

Sunnybee_

Claim issue date 

[Image redacted for personal information by Forum Team]

Sunnybee_

Particulars of claim

Gr1pr

I will report one of your pictures because you left the claim reference number showing, not allowed 

So its Parking Eye via DCB Legal,  issue date 5th November,  so complete the AOS online on MCOL ASAP if nit done already,  to get more time 

Sunnybee_

Sorry, thought I'd redacted it!! 

Yes it is - I've completed the AOS.

Gr1pr

Sunnybee_ said:

Sorry, thought I'd redacted it!! 

Yes it is - I've completed the AOS.

No, it's on show,  against forum guidance and rules

On what date  ?  Hopefully you did it today  ?

You need to share valuable information,  but not personal or private information,  otherwise it's almost impossible to help you , because details really matter

Sunnybee_

Yes, I filed the AOS on Moneyclaim this morning - following the 'day 5' guidance on the newbie sticky.

1505grandad

The breach does not appear to be pleaded so Chan and Akande are relevant?