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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).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
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
2 -
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
3 -
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
2 -
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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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?
1 -
Just Follow the 8 steps
1 -
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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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD4 -
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.
1 -
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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