Civil Enforcement Ltd (CEL)- The Co-operative Food Cowes

Darthij

I parked in Coop, Cowes for 6 hours, I hadn't noticed the signage and a recent change in policy to limit the time allowed to park there. I am (was) a regular customer at the store. I had no luck writing to the CEO, got fobbed off by his secretary, and also by the store manager who claims CEL only 'allow' a certain number of waivers a month and they'd reached theirs!

Having exhausted this option, I received a Claim form a few days ago. I've lodged by AOS today and just want to run the Claim Form past someone before submitting my defence to make sure that it doesn't outline the the breach (I don't think it does, but wanted to be sure!)

And also, just to confirm, if the claim form does not properly outline the breach, I reply with the template paragraph 3 and no other defence?

Thanks in advance…

Coupon-mad

I reply with the template paragraph 3 and no other defence?

…obviously not just para 3!

Darthij

Sorry - yes, including paragraphs 1-10 of the template!

Coupon-mad

Then yes, with para 3 being the Chan and Akande words.

Car1980

An in-house claim from Civil Enforcement for the Isle of Wight 😂

I don't think the hearing is going to happen somehow.

A blatant debt collection exercise - they've even included their payment detail in the woefully inadequate particulars!

A shame you were the driver. They've forgotten to claim liability against the keeper if you hadn't been. Not that it matters here.

I hadn't noticed the signage and a recent change in policy to limit the time allowed to park there.

Code of Practice dictates signs should have been present to alert to a change in T&Cs. If there weren't, include in paragraph 3.

Darthij

A shame you were the driver

I'm not entirely sure that I was, and certainly have never admitted to being the driver in any correspondence with CEL. I may have used the singular personal pronoun in my emails to Coop. Is that enough to prove I was driving?

Car1980

If were definitely NOT the driver you need to add that they have brought their claim under no legal mechanism that could make you liable.

But being coy about it isn't any help.

Darthij

Okay - so full paragraph 3 as is:

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'. Furthermore, I do not believe the change to the T&Cs of the car park was adequately advertised as per the Code of Practice and I put the claimant to strict proof they were. Given I was not the driver the claimant also appears to have brought their claim under no legal mechanism that could make me liable.

Le_Kirk

With an issue date of 13/03/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 15/04/26

Darthij

Do I not have 33 days from the AoS?

Le_Kirk

From your claim form: -

You must send or submit either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send or submit the acknowledgment of service you must send or submit a defence to the court to arrive no later than 28 days from the date of service. Date of service is five days after date of issue.