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

Darthij

aa thank you! glad you cleared that up…I'm on holiday next week so could have been a disaster

Coupon-mad

No "I" in a defence. Change to 'the Defendant'.

Darthij

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

How's this?

Coupon-mad

No 'me' in a defence!

Change it to …the registered keeper liable

Darthij

Thanks - hopefully good to go now?

Le_Kirk

If you change "me" to "the registered keeper" it will be.

Darthij

I've received a Directions Questionnaire from CEL....Do I need to do anything at this point?

Should I be preparing a defective other than the one submitted on money claim?

Car1980

Check MCOL and see if it says your Directions Questionnaire has been dispatched

Le_Kirk

Seems to me that you are not following the 8-steps in the template defence thread, nor have you read the NEWBIE sticky, as all the advice you need is in there.

Darthij

Thanks, appreciate the response. I'm on holiday so wanted to make sure they're wasn't a tight deadline for completion.