CEL defense

Lostinadulthood

Hello, I just want to make sure that I'm proceeding correctly as there have been a few updates to the defense template. I'm hoping someone can confirm that it is appropriate to use the linked part 3 wording from minimonsta for my case:

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'."

Original PCN issued 10/09/2024 by Civil Enforcement, but never received due to 2 house moves that year.

Collection letters from DCBL in Nov 2024, December 2024 and Jan 2025.

Details: This carpark is for a GP surgery. It was my first visit there as a new patient and there was a sign that stated Private Parking Patients & Staff Only. I didn't know that I needed to enter my registration on a tablet inside. After receiving the first collection letter, I filed a complaint with Civil Enforcement and provided them a letter from the Practice Manager requesting they remove the notice of recovery. The letter also confirmed I had an appointment, was there for legitimate reasons and that it was my first visit to the practice.

Letter before Action received from Civil Enforcement 21/5/2026

Claim issued by Civil Enforcement LTD 26/8/2026.

AOS submitted 09/09/2026.

Thanks for your help.

Lostinadulthood

Claim from civil enforcement

Gr1pr

It is, apart from the spurious " at the end of paragraph 3 that everyone keeps copying and pasting

Le_Kirk

With an issue date of 26/08/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 28/09/26

Lostinadulthood

Thank you, I will submit today, just wanted to ensure that I didn't need to include any particulars of my case in the defense.