Show Posts - JP689

Good Morning,Thank you.Original post below:https://www.ftla.uk/private-parking-tickets/claim-form-received-moorside-legal-on-behalf-of-ukps-ltd/msg58774/#msg58774

Hi all,I have followed the relevant advice here, including the defence to submit (below) and a relevant witness statement but UKPS/ Moorside Legal are still going ahead with our scheduled court date.Can anyone advise as to what I can expect? Any tips welcome!Defence:1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).3. The Defendant is unable to plead properly to the PoC because:(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.5. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4.(1)(a). The judge noted that the claimant had failed to:(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).Statement of truthI believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Hi All,I have received the attached Claim Form for a PCN incurred back in June-23. The PCN itself was not received for a number of months after this date (though UKPS Ltd state it was issued 2 days after the 'offence').Thus far I have not engaged with UKPS Ltd or Moorside legal as I'd anticipated with other private PCN's they'd eventually give up the fight but it seems not!From the images on the UKPS Ltd website the car was in the car park for 12 mins; I am unable to identify who was driving from the images though. I have included a photo of the signage, there is none on entering the car park and only a few signs on the walls.My understanding is I now need to acknowledge the claim before submitting a defence. Any help guidance on this would be greatly appreciated!I'm also moving house on Friday (bad timing) so need to notify the claimant/ court of an address change, I'm guessing this goes in the acknowledgement and I shouldn't make direct contact with Moorside legal to advise them of this?Many thanks [ Guests cannot view attachments ]