CEL in-house claim, Defended

justice_4all

@Coupon-mad

Sorry, I can't seem to see the paragraphs about MHCLG and statutory Code?

1. The Claimant’s sparse case lacks specificity and does not comply with CPR 16.4, 16PD3 or 16PD7, failing to 'state all facts necessary for the purpose of formulating a complete cause of action'. Further, the Claimant has improperly added a false 'fee' or damages to the original Parking Charge (PC). This sum is not legally recoverable and constitutes an attempt at double recovery, which is unreasonable conduct under CPR 27.14(2)(g). The binding Supreme Court judgment in ParkingEye Ltd v Beavis [2015] UKSC 67 held that an £85 parking charge more than covered all the 'costs of enforcement' which HHJ Moloney had listed as the pre-action work of a DVLA look-up and a simple automated letter chain, including a LBC. The same heads of cost cannot lawfully be counted twice and interest should also be disallowed. Exaggerated claims for impermissible sums are good reason for judges to intervene and the court is invited to strike out the claim using its powers under CPR 3.4.

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all. The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The Defendant has little knowledge of events, save as set out below and to admit that they were the registered keeper.

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'.


3.1. The binding authority which underpinned the Chan and the Akande decisions is Liberty Homes (Kent) Ltd v Rajakanthan & Ors [2022] EWHC 2201 (TCC) where the High Court found the Particulars to be deficient and struck them out due to a lack of required detail.

3.2. The POC here are from the same Claimant who lost the Chan case, and state that the unnamed driver of a specified vehicle is liable for unspecified breaches of unspecified contract terms/conditions. No facts are averred that tell the Court or the Defendant why the Claimant is pursuing the Defendant for payment.

3.2.1 The POC are liable to be struck out under:
a. CPR 3.4.(2) (a) because they disclose no reasonable grounds for bringing the claim;
b. CPR 3.4.(2) (b) because they constitute an abuse of the court’s process; and
c. CPR 3.4.(2) (c) because they breach CPR 16.4(1)(a).

3.2.2 It is impossible for the Defendant to respond to such woefully deficient POC except to deny liability. Accordingly, liability is denied.

3.2.3. The fact that this serial litigant continues to churn tens of thousands of parking claims out per annum (using the same inadequate POC as struck out by HHJ Murch in Chan) should give rise to sanctions to signal the court's displeasure. If the Claimant fails to seek the Defendant’s consent or the Court’s permission to amend the POC, pursuant to CPR 17, by 4pm on 29th May 2026, the Defendant respectfully asks the allocating judge to strike out the claim without further warning, given that this Claimant has known since 2023 (from the above appeal held against them) that these boilerplate POC are wholly inadequate.

4. It is neither admitted nor denied that a term was breached but to form a contract, there must be an offer, acceptance, and valuable consideration (absent in this case). The Consumer Rights Act 2015 (s71) mandates a 'test of fairness' duty on Courts and sets a high bar for prominence of terms and 'consumer notices'. Paying regard to Sch2 (examples 6, 10, 14 & 18), also s62 and the duties of fair, open dealing/good faith, the Defendant notes that this Claimant reportedly uses unclear (unfair) terms/notices. On the limited information given, this case looks no different. The Claimant is put to strict proof with contemporaneous photographs.

5. DVLA keeper data is only supplied on the basis of prior written landowner authority. The Claimant (an agent) is put to strict proof of their standing to sue and the terms, scope and dates of the landowner agreement, including the contract, updates, schedules and a map of the site boundary set by the landowner (not an unverified Google Maps aerial view).

6. To impose a PC, as well as a breach, there must be: (i) a strong 'legitimate interest' extending beyond compensation for loss, and (ii) 'adequate notice' (prominence) of the PC and any relevant obligation(s). None of which have been demonstrated. This PC is a penalty arising as a result of a 'concealed pitfall or trap', poor signs and covert surveillance, thus it is fully distinguished from Beavis.

7. Attention is drawn to:

(i) paras 98, 100, 193, 198 of Beavis (an £85 PC covered all costs and generated a huge profit shared with the landowner); the court should also read paragraph 3.4 of the original judgment by HHJ Moloney in Beavis, confirming what that authority means by 'costs of the operation', and

(ii) the binding judgment in ParkingEye v Somerfield Stores ChD [2011] EWHC 4023(QB) which remains unaffected by Beavis and stands as the only parking case law that references costs abuse. HHJ Hegarty held in paras 419-428 (his judgment later ratified by the CoA) that 'costs' inflating a £75 PC (already increased from £37.50) to £135 were disproportionate to the very minor cost of a letter-chain and 'would appear to be penal'. The court should note that HHJ Moloney referenced this case in Beavis.

8. The Parking (Code of Practice) Act will curb rogue conduct by operators and debt recovery agents (DRAs). The Government launched a Public Consultation likely to herald a ban on double recovery 'fees', which the relevant 2022 Minister called ‘extorting money from motorists’. Both the previous and present Governments found that the high profits may be indicative of firms having too much control 'indicating that there is a market failure'.

9. Pursuant to Sch4 of the Protection of Freedoms Act 2012 ('POFA') the claim exceeds the maximum sum and is unrecoverable: see Explanatory Note 221: 'The creditor may not make a claim against the keeper ... for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (para 4(5))'. There is no keeper liability for added false fees and the POFA specifically states that 'double recovery' is not allowed if a creditor uses any other remedy.

Gr1pr

If it doesn't fit into the defence box on MCOL, perhaps lose paragraph 8 and renumber

Le_Kirk

With an issue date of 06/05/26 and providing you complete(d) the AoS after 11/05/26 and before or on 25/05/26 your defence deadline date is 4.00 p.m. on 08/06/26

Coupon-mad

Yes I meant para 8 which is about the MHCLG and statutory CoP.

justice_4all

UPDATE:

Hi, I sent the defence as above on 20th May.

I had a letter from HM Courts & Tribunal Service acknowledging receipt of defence and claimant may contact me direct to attempt to resolve dispute etc…..

Today 29th May, received an email from CE saying:

"Despite multiple reminders being sent to you, including debt recovery correspondence and the Letter Before Action and notwithstanding the additional costs incurred in issuing a claim, the debt remains unpaid. Unless payment is received in full without further delay, we will be left with no alternative but to proceed to the hearing of this matter. In such circumstances, we will seek to recover from you the outstanding balance, along with additional legal costs incurred, including (but not limited to) preparation time, attendance, and travel expenses.

We reserve the right to file and serve a supplementary or updated witness statement prior to the hearing, should it become necessary.

To settle this matter and avoid further costs, please make payment using the payment methods listed above. If payment is received in full, we will notify the Court of the settlement, and no further action will be required from your side. We trust that this clarifies our position."

Should I ignore this? Is this expected after I have filed a defence? Sounds like this will go to a hearing?

Thanks

Gr1pr

Sounds nothing of the sort, ignore their versions of the case, there's a lot of hurdles to overcome, plus pay more money out for a hearing which cannot happen if they dont pay

Study the 8 steps because you dont appear to have known about their letters following the submission of a defence

Coupon-mad

Email this:

Dear CEL,

Nice try.

But your new rookie litigation team are clearly labouring under a lack of legal training without Wonga-man, Scott Wilson dragging you along the very gutter you are now left in.

None of 'preparation time, attendance, and travel expenses' can be recovered in the small claims track.

Why are you misleading litigants in person?

I'll draw this to the attention of the judge along with the fact CEL have ignored the case you lost where HHJ Murch gave you a lesson in proper pleadings (i.e. CEL v Chan). Binding authorities support the fact that your woeful POC must be struck out.

If not, I'll see you at the hearing where (in the unlikely event of you winning) you won't even be able to recover the false added £70 'recovery fee' let alone the other costs you listed to try to frighten and intimidate me.

Why don't you do something useful for Society with your law degree?

Yours sincerely

Your name

justice_4all

Thanks both and I have now re-read the 8 steps.

Sorry, I should have also mentioned, attached to their email is a pdf with their witness statement which is 10 pages long. Assume you don't want to see that?

In light of that, @Coupon-mad do you advise to still email what you wrote above - or could that seem provocative if its gets to a hearing?

Coupon-mad

No we don't need to see it.

It's a template WS that CEL send early, to frighten people into not understanding the process and being overwhelmed into paying up. Send what I said. They misled you about costs they cannot have.

Gr1pr

Please edit your thread title to something more suitable like

CEL in-house claim, Defended