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IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:
[Claimant's Full Name]

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

1. The Defendant denies any liability for this claim.

2. The Defendant is unable to properly plead to the Particulars of Claim (PoC) because they lack sufficient detail and do not comply with CPR 16.4. The PoC merely state "Payment Not Made In Accordance With The Notified Terms," which is vague and does not constitute a concise statement of the facts on which the claimant relies, as required by CPR 16.4(1)(a).


3. The Defendant is unable to plead properly to the PoC because:

(a) The Particulars of Claim fail to comply with CPR 16.4(1)(a), lacking specific terms allegedly breached, the signage locations, or details of the breach. This prevents the Defendant from properly pleading a defence, and the claim should be struck out under CPR 3.4. The Defendant cites the persuasive appeals cases CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], where similarly vague claims were struck out. These are attached as exhibits A and B. Should the court not strike out the claim, the Defendant refers to the draft order in paragraph 4;

(b) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.5;

(c) 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;

(d) The PoC do not set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts);

(e) The PoC do not state with sufficient particularity exactly where the breaches occurred, the exact time when the breaches occurred and how long it is alleged that the vehicle was parked before the parking charges were allegedly incurred;

(f) The PoC do not state exactly how the claim for statutory interest is calculated;

(g) The PoC do not state what proportion of the claim is the parking charges and what proportion is damages;

(h) The PoC state that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which they face and can then respond properly to the claim.


Statement of truth

I 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.

Signed:


Date:

Of the Court's own initiative and upon reading the particulars of claim and the defence

AND the court being of the view that there is a lack of precise detail in the particulars of claim in respect of the factual and legal allegations made against the defendant such that the particulars of claim do not comply with CPR 16.4.

It is Ordered that:

1. Unless the Claimant do, within 14 days of service of this order, file at court a further particulars of claim which complies with CPR 16.4 and which sets out:

(i) the precise and concise factual allegations it makes against the Defendant and

(ii)the factual or legal [or both] basis of its claim and

(iii) exactly how its claim is calculated (if there is a claim for a fixed sum)

then the claim shall be struck out.

2. For the avoidance of doubt the further particulars of claim must:

(a) refer to and have attached to them (clearly marked "A") a copy of the contract (or contracts) between the claimant and defendant relied on;

(b) set out the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is (or are) relied on;

(c) have attached to them (clearly marked "B") a copy of each of the Parking Charge Notices (PCNs) which forms the basis of this claim;

(d) must state by what method each of the PCNs was first brought to the attention of the defendant. For example, attaching it to the defendant's vehicle or sending by post;

(e) in respect of each alleged breach of contract, set out the reason (or reasons) why the claimant asserts that the defendant was in breach of contract;

(f) in respect of each alleged breach of contract, set out (i) the full postal address of where the breach took place and (ii) the precise date and time of the alleged breach and (iii) exactly how long it is alleged that the vehicle was parked before the parking charge was incurred;

(g) state, in respect of each PCN sued on, whether the claim is (or is not) brought under the Protection of Freedoms Act 2012;

(h) in respect of each alleged breach of contract, must state whether the defendant is sued as the driver of the vehicle or the keeper of the vehicle;

(i) not state that the defendant is sued in the alternative as the driver of the vehicle or as the keeper of the vehicle;

(j) state what amount of the claim is the claim for non-payment of the PCN (or PCNs) and what amount of the claim is not for non-payment of damages;

(k) must explain the factual or legal (or both) basis of the claim for any amount claimed which is not for non-payment of the PCN (or PCNs);

(l) set out a precise calculation of the claim for statutory interest up to the date of issue to include the date interest started running.

3. Permission to either party to apply to set aside, vary or stay this order by an application on notice which must be filed at this Court no more than 5 days after service of this order, failing which no such application may be made.