We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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.
IMG_0072.jpg

Comments

  • Coupon-mad
    Coupon-mad Posts: 164,163 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited Today 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).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gr1pr
    Gr1pr Posts: 15,126 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    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: 26,840 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited Today 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

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 355.2K Banking & Borrowing
  • 254.7K Reduce Debt & Boost Income
  • 455.8K Spending & Discounts
  • 247.9K Work, Benefits & Business
  • 605K Mortgages, Homes & Bills
  • 178.8K Life & Family
  • 262.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.