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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

  1. 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.
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Comments

  • Coupon-mad
    Coupon-mad Posts: 166,298
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    edited 28 July at 2:26AM

    "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).
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  • Gr1pr
    Gr1pr Posts: 16,656
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    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

  • Le_Kirk
    Le_Kirk Posts: 27,304
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    edited 28 July at 12:47PM

    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

  • UA1991
    UA1991 Posts: 84
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    Ok submitted, thank you all. I have a random question about another defence I have this in the recent transactions but I'm not sure what I should have received?

    DQ sent to you on 26/06/2026

  • Coupon-mad
    Coupon-mad Posts: 166,298
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    edited 30 July at 8:19PM

    DQ - the N180 form.

    The 8 steps tell you to download it so hurry up and do that and follow what the 8 steps tell you to do with it.

    😁

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • UA1991
    UA1991 Posts: 84
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    I am going to be broadsided on this - I scoured my emails, nothing even in junk so just googled the form and have it. I have not gone through mediation; the last time something like this happened was years ago and I just submitted a defence. Is there a way to contact a mediator now through Citizens Advice or something?

  • Gr1pr
    Gr1pr Posts: 16,656
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    Just Follow the 8 steps

  • Coupon-mad
    Coupon-mad Posts: 166,298
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    edited 30 July at 8:22PM

    Sory…what? Of course it wasn't sent by email. The Court Service posts everything.

    You really need to get back on piste with the Template Defence thread.

    The simple 8 steps there already tell you that this tedious little form has to be downloaded and that it is the step immediately before the Mediation step, and we even tell you what to say on the call. I don't know why you've been broadsided by stuff that's already given to you in the 8 steps; you should really be content and full of knowledge!

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • UA1991
    UA1991 Posts: 84
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    I'm sorry - it's not an excuse but as I lose capability, it's more difficult to understand things. I had a defence before and it was a breeze, that was years ago and under this I'm struggling to follow simple steps, and I do apologise for that.

    I've got the form and will fill it out, and contact the court to see if reasonable adjustments can be made for the process due to my conditions.

  • Coupon-mad
    Coupon-mad Posts: 166,298
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    No need to contact the court.

    Just download the form and do it electronically then email it; no scanning the paper version. As the 8 steps explain.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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