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Parking Eye Defence
Was advised to make a new thread, I've done the AOS and I thought cos the date served was 30/06 then 28/07 was the last day for defence. I've edited the template, para 3 is below and the claim form
- The Claimant’s Particulars of Claim fail to comply with CPR
16.4(1)(e) and Practice Direction 16.7.5, as no conduct amounting
to any specific breach is pleaded. In Civil Enforcement Limited v
Chan (Ref. E7GM9W44, 15.08.2023), HHJ Murch held that such
particulars "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." Likewise, in Car Park Management
Services Ltd v Akande (Ref. K0DP5J30, 10.05.2024), HHJ Evans held
that particulars "have to set out the basic facts upon which a
party relies in order to prove his or her claim." The same defect
applies here — no overstay time, no missing permit, no specific
contravention is identified. The driver appealed but the refusal
gave no further particularity; signs near the disabled bay were
sparse and not visible from that bay, and the driver, being
disabled, required additional support — matters the Claimant has
disregarded. The Defendant invites the court to strike out the
claim under CPR 3.4 for want of proper particularisation.
Comments
-
"the date served was 30/06"
No it wasn't! That's the date Issued.
That para 3 looks good to me.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
4pm on Monday 3rd August is your defence deadline, 33 days after the issue date and 28 days after the Service date, because you completed the AOS stage promptly
1 -
With an issue date of 30/06/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 03/08/26
Good use of Chan & Akande
1
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