Court claim form

Coupon-mad

Nothing says it's in a blue rectangle.

Go and read the Template Defence thread.

Gr1pr

Its in a blue text hyperlink in the first post in the defence template thread in announcements

Use that paragraph 3 and slot it into the defence template, adding it to the other 9 paragraphs, making 10 in total

https://forums.moneysavingexpert.com/discussion/comment/81571257/#Comment_81571257

G678F567

so this link is not it

Why post it ?

Gr1pr

Because Its correct, and it works for me because I just tried it and it led to the paragraph 3 you need

G678F567

Thank you. Is this what you are referring to ?

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'."

Gr1pr

Thats correct, that is why I provided the direct link

Coupon-mad

We help everyone but we won't post a link to the Announcement threads because:

• the first thing for new posters to get confident about is hopping back to page after reading threads, and
• there are two links to page one on every page already, and
• my signature below every post I make, already tells everyone where to click.

Tell the Defendant to simply read the 'Template Defence' Announcement thread at the top and he inserts the special para 3 defence shown for CEL in-house claims.

No words to add. No need to ask us to check it. Obviously it's not just a paragraph; it's ten paragraphs all told. They cover every argument needed.

Don't just grab it from that linked thread or the D won't know what to do next.

Please don't copy & paste it here.

🙂

G678F567

Im just bit confused when you said use the defence for not breach pleaded.

I only see one defence and dont want to use the wrong one ovb.

Coupon-mad

No you don't only see one defence.

I say again:

Tell the Defendant to simply read the 'Template Defence' Announcement thread at the top and he inserts the special para 3 defence shown for CEL in-house claims.