DCB LEGAL CLAIM STOCKLEY PARK

Gr1pr

Do not add to paragraph 2

Remove the air quote speech mark at the end of your paragraph 3, the. "

Ismaiel_c

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 driver has little knowledge of events, save as set out below and to admit that they were not the registered keeper.

The Defendant, recalls the event that he parked at The Arena at Stockley Park, and admitting that they were the driver but not the registered keeper, 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'.

Coupon-mad

No.

Please stop putting in this:

""…The Defendant, recalls the event that he parked at The Arena at Stockley Park, and admitting that they were the driver but not the registered keeper, so questions whether the Notice to Keeper was even POFA compliant."

Also remove this from para 2 because they haven't delayed the claim unreasonably:

"The delay in bringing proceedings lies with the Claimant, making retrieving material evidence difficult, which is highly prejudicial. The driver has little knowledge of events, save as set out below and to admit that they were not the registered keeper."

I also gave you simple instructions about swapping 8 and 9 and what to put for para 10. There is literally not a word for you to write. Just put it all together.

Ismaiel_c

https://forums.moneysavingexpert.com/discussion/comment/82086547#Comment_82086547

So para 2 being

2. The allegation(s) are vague and liability is denied for the sum claimed, or at all.

Ive put 8,9,10 in full defence

Coupon-mad

Yep and don't miss out para 1 of course.

Because para 2 is nice and short now, even with that longer para 10 it should all fit in the MCOL defence box nicely.

Ismaiel_c

Yes all fits to 10.1.2