Free Traffic Legal Advice

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 adequately comply with CPR 16.4.

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 16.7.3(1);

(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 submits that courts have previously struck out similar claims of their own initiative for failure to adequately comply with CPR 16.4, particularly where the Particulars of Claim failed to specify the contractual terms relied upon or explain the alleged breach with sufficient clarity.

5. In comparable cases involving modest sums, judges have found that requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, strike-out was deemed appropriate. 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 due to the Claimant’s failure to adequately comply with CPR 16.4, rather than permitting an amendment. The Defendant proposes that the following Order be made:

Draft Order:

Of the Court's own initiative and upon reviewing the Particulars of Claim and the defence.

UPON The Court noting that CPR 16.4 imposes a mandatory requirement that a Particulars of Claim must include a concise statement of the facts on which the Claimant relies

UPON the Court being of the view that the Particulars of Claim in this case are defective under CPR 16.4 because they

1. Describe the alleged breach as "Failure to purchase the parking tariff for the registration mark of the vehicle on site and/or within the time allowed," which means that the Defendant does not know whether the case they have to meet is (a) they didn't pay for parking at all; or (b) they paid for only part of, but not all, the time they were on site (in which case entry and departure times ought to be specified if available through ANPR records); or (c) they made a payment but did not enter the correct registration; or (d) they paid for parking but did not make payment within the time limit required (in which case the question arises as to how late they were in paying and what loss if any was sustained)

UPON the Court being mindful of the need to conduct bulk litigation at proportionate cost, but being of the view that this does not override the need for a Defendant to know from the outset the factual case they have to answer.

UPON the Court being satisfied it is proportionate to make the Order set out below

ORDER

1. Pursuant to CPR 3.4 the Claim is struck out
2. As this Order was made without a hearing any party may apply to set aside vary or discharge it within 7 days of being served with it.

Subject: Claim [Claim No.] – Signatory identification and authorisation (N180; PoC SoT)

Dear Mr Croot (COLP),

Re: [Claimant] v [Defendant] — Claim No. [____] (issued [date])

This is sent on an open basis.

I note the N180 (Directions Questionnaire) filed in this matter is signed only “DCB Legal Ltd” without identifying any individual. For costs and compliance purposes, please confirm the following within 7 days:

A) N180 (Directions Questionnaire)

• The full name of the individual who signed/confirmed the N180 filed by DCB Legal.
• Their capacity (employee/consultant/seconded) and job title at the time of signature.
• Whether that individual is personally authorised to conduct litigation and, if so, the basis (practising solicitor with SRA number / CILEX practitioner with litigation rights / other).
• If not personally authorised, the name and SRA number of the supervising authorised lawyer who authorised that filing, and the basis on which the signature was permitted.

B) Particulars of Claim – Statement of Truth (SoT) signed by Ms Sarah Ensall

• Whether Ms Sarah Ensall is personally authorised to conduct litigation.
• If authorised, the basis (e.g. practising certificate/CILEX rights) and the relevant registration number(s).
• If not personally authorised, the basis on which she signed the SoT and the identity (name and SRA number) of the supervising authorised lawyer responsible for that pleading.

For clarity, reasonable public checks have not identified Ms Ensall on the SRA Solicitors Register (or as otherwise authorised). If this is mistaken, please provide her registration details.

These issues go to compliance with the Legal Services Act 2007 (reserved legal activities) and will be raised on costs. If it appears that any reserved steps have been taken by an unauthorised person, I will rely on High Court guidance and will not hesitate to place the matter before the Court and, if appropriate, report the individual(s) and DCB Legal to the SRA.

Please respond within 7 days.

Yours faithfully,

[Full name]

Defendant
[Postal address]