CEL Claim Form

Kinomanka

Hello,

I have received the attached claim form from CIL and I am now preparing my defence statement.

I have made no changes to paragraphs 1-10 and for paragraph 3 I have taken this suggested language also making no changes to the wording:

The Defendant, has little recollection of events considering this was more than a year ago, and has little to add other than admitting that they were the registered keeper and not driver, so questions whether the Notice to Keeper was even POFA compliant.

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'.

May I please ask whether I need to include any details of my particular situation in the defence statement at this stage? Basically in my case I wasn't the driver, but the driver only managed to pay the parking charge an hour after entering the parking, as Phone & Pay app was crashing. Interestingly, since then CIL replaced Phone & Pay with RingGo. Thank you as always for all the support!

Claim form.jpeg

Gr1pr

Stick to the template defence, including Chan and Akande, no changes, no additions

Ensure that each paragraph has its own number

Kinomanka

@Gr1pr Thank you very much!

Le_Kirk

With an issue date of 21/04/26 and providing you complete(d) the AoS after 26/04/26 and before or on 10/05/26 your defence deadline date is 4.00 p.m. on 26/05/26