Court claim - CIVIL ENFORCEMENT

Coupon-mad

Yes that's the post I meant.

SN2002

really appreciate your help with this

I’ll get working on draft defence letter and post it up for feedback.

again thank you so much

Le_Kirk

You don't need to "work on a draft defence" it is already there for you in the template defence thread, just follow the links to one that includes Chan & Akande.

Coupon-mad

But use the amendments suggested in the Leagrave defence.

SN2002

I have been away so thanks for your help thus far (and bearing with me)

I have been through everything you have all suggested and digested it all. I have I believe put together a reasonable response.

The points that stand out to me are:

- No driver identity has been confirmed.
- On assumption that I was driving, no signs were seen to form an assumed contract irrespective of how large our prominent they may have been, and for a legally binding civil agreement to stand it is my belier there requires full disclosure or any contract / agreement before a contract is binding.
- Also at every point in my response, I offered to make remedy should a debt be owed and asked if proof of debt to be provided, and a contract verifiying the debt was owed to you (eg. CEL).


So the response is as follows:

- Updated Para 10 as you previously posted.
- paragraph 2 and 3 including case references you previously stated were relevant to CEL.
- in para 2 there are a couple variations on wording based on what has been listed in that thread you referenced - @leagrave. If you can let me know which ending to paragraph 2 you think I should include that would be great.

AND finally, can you let me know based on the POC do you think this covers it all off?

Thanks again:

Here you go…..

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

• so questions whether the Notice to Keeper was even POFA compliant
  OR SHOULD I PUT 
• and puts the Claimant to strict proof that the Notice to Keeper was issued in full compliance with Schedule 4 of the Protection of Freedoms Act 2012.

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'."

a

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. 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.

9. The Parking (Code of Practice) Act will curb rogue conduct by operators. 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'.

10. It is worth the judge noting that, In July 2026, the UK consumer protection law Regulator - the Competition and Markets Authority ('the CMA') - has weighed in. The CMA has just published open letters to the parking industry and government on what they believe are actions that potentially breach consumer law:

Open letter to private parking operators

10.1. Paragraph 28 requires Operators to ensure that all substantive correspondence sent to consumers directs them to the Private Parking Sector Single Code of Practice ('the CoP') in order to allow consumers to make better informed decisions on whether to pay, ignore or dispute a PCN. 'Substantive correspondence' includes the Notice to Keeper ('NTK') which in the extant case, fails to direct the consumer to the CoP. The CMA consider that this is a failure to provide material information, ref: section 227(2) of the Digital Markets, Competition and Consumers Act 2024.

10.1.2. The same criticism - a failure to provide material information - can also be made of the NTK's failure to describe the circumstances in which the requirement to pay the parking charges arose. This is equally true of the woeful POC, which fails to particularise the alleged breach or the term, and nor does it properly identify the private land location.

10.2. With the CMA's Open Letter in mind, the Defendant avers that there is a lack of good faith in this Claimant (led by a solicitor and legal team) continuing to churn out boilerplate POC followed (as ever) by a premature, prolix Witness Statement, which this Defendant will not be intimidated by. This is the same Claimant as in CEL v Chan, and they appear to believe they are above the law and above HHJ Murch. Exaggerated claims for impermissible sums and template statements of case which fail to comply with Part 16 are good reasons for judges to intervene and the court is invited to strike out the claim using its powers under CPR 3.4.

SN2002

hi guys, just wondering is anybody around to advise on the above post. Thanks so much

Coupon-mad

Looks perfect! This reads best:

• and puts the Claimant to strict proof that the Notice to Keeper was issued in full compliance with Schedule 4 of the Protection of Freedoms Act 2012.

SN2002

thanks so much.

really appreciate you help I really do

SN2002

I have received a witness statement made by Syed from their legal team. Can you advise what I should do next please?

Should I counter claim for costs?

SN2002

also the letter was received but we didn’t get it delivered in our postbox until October 6th and it states replies must be made by Sept 28th. Contacted the court the day after and told them. They said that nothing is showing up on system currently that this has been escalated or a decision made so the advise was file asap