Claim form DCB legal

S99PER

Coupon-mad annoyingly the manager left and didn’t tell me that he was no longer working there. Would I mention that? I messaged him with the parking notice and that’s when he told me.

Coupon-mad

I know. My advice was based on that.

S99PER

thank you, I am guessing it’s worth ommiting the fat that I then found out he was no longer working there after the fact. As the verbal contract was in place since 2018 and I wouldn’t have any reason to believe this wasn’t still in place. Shall I mention the store name and the area managers name at the time?

Gr1pr

Save the stories for your future WS in several months time

Keep it simple and concise, in the 3rd person, stick to the basics, no frills

Coupon-mad

Pretty sure I gave you the wording to use already but I am off on holiday tomorrow so won't be posting much except when sunning myself!

😎😎

S99PER

I appreciate your help and enjoy your holiday!

cow_jelly

Hey man, could you post your defence here when it is ready as I am in a similar position like you.

Cheers

S99PER

this may too much for word count?

The Particulars of Claim are deficient in that they fail to properly plead the alleged contraventions. The Claimant refers only to a date range and does not identify the four specific dates on which the alleged parking events are said to have occurred. This lack of particularisation prevents the Defendant from understanding the precise case to be met and is contrary to the requirements of CPR 16.4 and Practice Direction 16, paragraphs 7.3–7.5. As such, the claim discloses no reasonable grounds and should be struck out or, in the alternative, the Claimant should be required to plead its case properly.

Further, the Defendant avers that the vehicle was present pursuant to an alternative and overriding contract. Since September 2018, the Defendant has had a longstanding verbal agreement with one of the on‑site retail occupiers, granting permission to park in connection with that business. This agreement constitutes a valid contract, supported by consideration, and predates the Claimant’s signage.

It is well‑established that signage can only bind drivers in the absence of any prior or superior contractual right. A specific agreement with a land occupier takes precedence over general terms displayed on signs, which are incapable of unilaterally varying an existing contractual permission. Accordingly, no contract was formed between the Claimant and the Defendant on the material dates, and no parking charge was capable of arising.

In the circumstances, the Claimant had no authority to impose charges on a vehicle parked with the express permission of an authorised occupier of the land, and the claim is without merit.

S99PER

or go for a shorter version

The Particulars of Claim are vague and fail to plead the alleged contraventions properly. The Claimant relies on a date range and does not specify the four individual dates of any alleged breach, contrary to CPR 16.4 and PD16, preventing the Defendant from understanding the case to be met.

Further, the vehicle was parked pursuant to a longstanding verbal agreement with an on‑site retailer, in place since September 2018, granting permission to park. This constitutes an overriding contract which takes precedence over any general terms displayed on signage. Accordingly, no contract was formed with the Claimant and no parking charge was capable of arising. The Claimant therefore had no authority to issue charges and the claim is without merit.

Coupon-mad

Either will do as your paragraph 3 within the Template Defence.