Advice for MCOL Defence Submission Please

Pinigaitaupymas1

I have completed the AOS stage online on MCOL, on 11/05/2026 - as advised by this forum, and am now trying to construct my defence.

I cannot remember seeing the signage at Cherwell nor do I remember the reason given in previous letters received (and I ignored).  I don’t remember the time I entered or left and this is not given in the Particulars of the Claim so I am struggling with what to put in my defence. I see other posts where it has been advised to use the Chan and Akande defence template –

Is this what I can use as defence…..

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The Particulars of Claim are sparse, generic and fail to comply with CPR 16.4 and Practice Direction 16. They do not set out a clear statement of material facts.

3. The claim states that the Defendant’s vehicle "remained on private property in breach of the T&Cs" but fails to specify the conduct said to constitute the breach, the contractual term allegedly breached, the duration of any contravention, or how the sum claimed has been calculated.

4. The Defendant is therefore unable to properly understand or respond to the claim. This places the Defendant at a procedural disadvantage.

5. The Defendant relies on Civil Enforcement Ltd v Chan (County Court, unreported), where similarly vague particulars were criticised. The Court is invited to strike out the claim pursuant to CPR 3.4 as disclosing no reasonable grounds.

6. It is denied that any contract was entered into or that any breach occurred. The Claimant is put to strict proof of the signage, terms and alleged breach.

7. The Claimant asserts that the Defendant is pursued as driver or, in the alternative, as keeper under Schedule 4 of the Protection of Freedoms Act 2012. The Defendant denies liability in both respects and the Claimant is put to strict proof of driver identity and full compliance with POFA.

8. In the absence of full compliance with POFA 2012, keeper liability does not apply.

9. The claim includes an inflated sum of £170. The additional amount over and above the parking charge is not recoverable and represents an attempt at double recovery, contrary to CPR 27.14 and ParkingEye Ltd v Beavis [2015] UKSC 67.

10. The claim is poorly pleaded, lacks specificity and discloses no clear cause of action. The Court is invited to strike it out or order the Claimant to provide proper particulars.

 

I apologise if I am asking silly questions but I am getting quite anxious about this and thus getting myself rather confused too!

Thank you and thanks so much for all the help this forum has provided me already!

 

 

 

Coupon-mad

Nope. Use the Template Defence version for CP Plus DCB Legal claims where no breach is pleaded. No link given!

Gr1pr

Post the April issue date please

Use the Chan and Akande defence , no changes

Pinigaitaupymas1

29 April 2026

I am confused by the different advice given from you both, Gr1pr and Coupon-mad.

Coupon-mad

It's not different! We said the same.

Pinigaitaupymas1

well clearly i am struggling to understand and id really appreciate if you could elaborate on what you mean and what i need to submit.

Le_Kirk

With an issue date of 29/04/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 01/06/26

Both @Coupon-mad and @Gr1pr are telling you the same thing and you will end up using Chan & Akande via the Template Defence version for CP Plus DCB Legal or direct.

Coupon-mad

I even said where it is and which one.