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#Post#: 115806--------------------------------------------------
Re: Claim form received. What now?
DIR By: Empty123
Date: April 14, 2026, 4:09 am
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Thanks for your reply
Which parts would need changing to suit my case?
#Post#: 115808--------------------------------------------------
Re: Claim form received. What now?
DIR By: DWMB2
Date: April 14, 2026, 4:15 am
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--- Quote from: Empty123 link ---
>
> Which parts would need changing to suit my case?
>
--- End Quote ---
I think you should read it through thoroughly, try to understand
it and see which bits may or may not be applicable to your case,
show us what you propose to submit, and ask specific questions
for bits you are unsure about. Whatever you submit will be your
defence, so it is important you understand it.
#Post#: 115847--------------------------------------------------
Re: Claim form received. What now?
DIR By: Empty123
Date: April 14, 2026, 8:01 am
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Thanks for that. When I originally emailed bank park management
to challenge the claim I never admitted liability. I didn't
change the above much as I am struggling to break it down due to
the urgency to send it but this is what I have sent:
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 PD 16, para 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. Furthermore, PoC fails to
evidence whether the defendant was actually parked on
the claimants car park- which it wasn't;
(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
materially 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 reading the particulars
of
claim and the defence.
AND the court being of the view that the particulars of claim do
not adequately comply with CPR 16.4(1)(a) because: (a) they do
not
set out the exact wording of the clause (or clauses) of the
terms
and conditions of the contract which is (or are) relied on; and
(b) they do not adequately set out the reason (or reasons) why
the
claimant asserts that the defendant was in breach of contract.
AND the claimant could have complied with CPR 16.4(1)(a) had it
served separate detailed particulars of claim, as it could have
done pursuant to PD 7C, para 5.2, but chose not to do so.
AND upon the Court determining, having regard to the overriding
objective (CPR 1.1), that it would be disproportionate to direct
further pleadings or to allot any further share of the Court’s
resources to this claim (for example by ordering further
particulars of claim and a further defence, with consequent case
management).
ORDER:
1. The claim is struck out.
2. Permission to either party to apply to set aside, vary or
stay
this order by application on notice, which must be filed at this
Court not more than 7 days after service of this order, failing
which no such application may be made.
#Post#: 115874--------------------------------------------------
Re: Claim form received. What now?
DIR By: Empty123
Date: April 14, 2026, 12:04 pm
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What's my next step? Do I just wait until I hear off the court?
#Post#: 115878--------------------------------------------------
Re: Claim form received. What now?
DIR By: raymcb
Date: April 14, 2026, 12:41 pm
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I too find myself here! Not sure how to post as a seperate
topic. But looking through the site answers seem to be generic?
DCB legal typical particulars of claim.
1. indebted for a parking charge
2. date 01/09/24 yes that's when it happened and been back and
forth. (later details)
3. Reason: Insufficient Paid Time
4. £170 being the total of the PC and damages plus interest.
amount claimed 191.88
court fee 35
legal rep costs 50
total £276.88
Just about #4 I think the additional charge could be a couple
pounds here or there. How do they justify the damages?
I travel a lot. And was away when the initial ticket arrived. By
the time I got home and contacted them. I was told I was too
late. Sent in proof. And an appeal. Never got an appeal. Was
never offered POPLA. And now too late.
Original ticket was with Smart Parking and the only people I
communicated with. My last contact was 3/04/25. In the meantime
it was transferred/sent to debt recovery plus. I don't
acknowledge having recvd anything from them. And then DCB legal.
Again I don't acknowledge them either. I only recvd friday as
away again.... Claim form dated 31/03/26. I did reply and plan
to fight today. I also wish to counterclaim for damages as this
has been very stressful. One minute it's over. And then out of
the blue a claim form. I've been on this today over 6 hours!
I took a friend (Ukrainian Refugee) sailing at Liverpool Marina.
He insisted on paying for parking (very proud people) although
very limited English language and even more limited ability to
read English! Apparantley we overstayed by 40 minutes? The
Marina offer 4 hours free parking (was unaware). They also offer
10% off your bartab with parking receipt ( I am told?) As a
group we spent over £120. First when I got the ticket, couldn't
believe it. Then the fighting began. Each time left to believe I
had satisfied things. They accepted my flight tickets as proof I
was out of the country. I then tried an appeal. Never heard
back. Was never offered an alternative appeal process. I went to
Liverpool Marina myself around April 2025 and was told they had
numerous complaints about Smart Parking and had stopped working
with them. So they could do nothing to get it cancelled! The
appeal process is a joke and I have asked them how many appeals
they get. And how many they cancel? I feel this is relevent.I
looked up and POPLA is around 40-50% success rate. I have been
denied this as now it is now over 18 months to get where we are
today!I see lots of posts and refernce to ccj and a standard
defence. Is that what I should do and use? Also what about my
counterclaim? I also went to Livepool Marina today. Was shown a
large 3 inch binder full of complaints (including mine) from
Smart parking. They are now with a different company. Please
help..........
#Post#: 115885--------------------------------------------------
Re: Claim form received. What now?
DIR By: DWMB2
Date: April 14, 2026, 2:44 pm
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Please start your own thread. It is the "New Thread" button at
the top or bottom of the forum, or the + Icon on mobile
#Post#: 117584--------------------------------------------------
Re: Claim form received. What now?
DIR By: raymcb
Date: May 2, 2026, 7:15 am
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Don't see a "new thread" button?
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