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#Post#: 62757--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: March 16, 2025, 11:07 am
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Yes... but it's not a 'hearing'. It's not part of the judicial
process and there is no judge involved. It is merely a phone
call through a mediator who is not even legally trained.
Everything in a mediation call is confidential and has no
bearing whatsoever on anything going forward if agreement is not
reached.
It is a waste of time in these types of cases and as long as you
simply offer £0, it is over in minutes. Your only obligation is
to "attend" the call.
#Post#: 66378--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: April 9, 2025, 4:22 pm
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With the mediation stage (i have it tomorrow)
how muhc detail do i need give about my defence? Or will it be
more of a 2 minute phone call and I just need to say I will not
pay anyhting?
#Post#: 66394--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: jfollows
Date: April 10, 2025, 1:50 am
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Nothing about your defence, if anyone asks then tell them off
and tell them to read the defence already submitted. This is not
about your defence, simply seeking to settle, and if you are not
going to settle you say so and be done with it. Tick in the box
for the process.
#Post#: 75413--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 8, 2025, 12:45 pm
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Hi all,
Please see my witness statement below. Any changes needed?
[center]Statement of Evidence of xx
IN THE COUNTY COURT
Claim No: xx
BETWEEN:
National Car Parks Ltd (Claimant)
-and-
xx (Defendant)[/center]
[center]WITNESS STATEMENT OF xx[/center]
I, xx, will say as follows:
I am the Defendant in these proceedings. I make this statement
in support of my defence against the claim brought by National
Car Parks Ltd ("the Claimant") and in compliance with the
court's order dated [Insert Date of Court Order, e.g., "first
available date after 24th July 2025"].
I deny the claim in its entirety and assert 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.
The Particulars of Claim ("PoC") served by the Claimant lack
precise detail in respect of the factual and legal allegations
made against me, such that the PoC do not comply with CPR
16.4(1)(a).
I am unable to properly plead to the PoC because:
- The contract referred to in the PoC is not detailed or
attached in accordance with CPR PD 16(7.5).
- 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.
- The PoC do not adequately set out the reason (or reasons) why
the Claimant asserts I have breached the contract (or
contracts).
- 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.
- The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges.
- The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages.
- The PoC do not provide clarity on whether I am being sued as
the driver or the keeper of the vehicle, as the Claimant cannot
plead alternative causes of action without specificity.
The deficiencies in the Claimant's PoC are not merely technical.
As highlighted by Her Honour Judge Evans in CPMS v Akande [2024]
K0DP5J30, a defendant "cannot possibly plead his Defence because
he does not know what the contractual term is said to be that he
has breached and he does not know how he is said to have
breached it". The PoC in this case suffers from these exact
fundamental flaws.
I further rely on the persuasive appellate decisions in CEL v
Chan [2023] E7GM9W44 and CPMS v Akande [2024] K0DP5J30, where
claims were struck out due to identical failures to comply with
CPR 16.4(1)(a). Transcripts of these decisions are attached as
Exhibit N.B.1 (CEL v Chan) and Exhibit N.B.2 (CPMS v Akande).
In CEL v Chan, Judge Murch held that the particulars of claim
must set out the conduct relied upon as amounting to a breach of
contract, stating, "The conduct amounting to the breach was not
set out". The judge further noted that if the Money Claims
Online (MCOL) system's character limit is insufficient, it is
open to the claimant to file and serve separate, detailed
particulars of claim. The Claimant in my case has similarly
failed to set out the specific conduct alleged to be a breach.
Similarly, in CPMS v Akande, it was explicitly stated that the
PoC must contain a concise statement of the facts relied upon,
and that the nature of the breach, not just a simple assertion,
is fundamental to a claim of this nature. The court dismissed
the appeal, affirming that the PoC were "wholly inadequate"
because they did not specify the breach.
I also attach a copy of a draft order previously issued by a
District Judge at another court in a similar case where the
claim was struck out of the court's own initiative due to the
Particulars of Claim failing to comply with CPR 16.4(1)(a). This
draft order is attached as Exhibit N.B.3. The judge in that case
noted the claimant's failure to:
- Set out the exact wording of the clause (or clauses) of the
terms and conditions relied upon;
- Explain the reasons why the defendant was allegedly in breach
of contract;
- Provide separate, detailed Particulars of Claim as permitted
under CPR PD 7C.5.2(2). The court further observed that, given
the modest sum claimed, requiring further case management steps
would be disproportionate and contrary to the overriding
objective, leading to the outright striking out of the claim.
I submit that the same reasoning applies in this case. The
Claimant's PoC suffers from the identical, fundamental failures
identified in the appellate decisions and the attached draft
order. To permit further case management steps would be
disproportionate and contrary to the overriding objective of the
Civil Procedure Rules.
Therefore, I invite 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 Truth
I believe that the facts stated in this witness statement 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: xx
Date:
#Post#: 75417--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 8, 2025, 12:59 pm
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What is your WS deadline? Have you received a copy of the
claimants WS yet? You do not submit a WS before the you have
seen the claimants WS, if at all possible, even at the cost of
submitting yours late!
Why are you simply re editing the defence into the first person?
That is not how a WS works.
As this is a very poorly pleaded claim issued by the utter
incompetents at Moorside Legal, I doubt that you will even need
a WS as this is highly likely to be struck out or discontinued
anyway.
#Post#: 75419--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 8, 2025, 1:13 pm
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deadline is 4pm 12 June
HTML https://imgur.com/a/bzENrS0
i haven't received a copy of claimaints WS. Would this be
through email or post? Nothing received.
What would you need to put in the WS instead? Would my evidence
be the fact that there is lack of detail in the POS? Quite
unsure here.
Thanks
#Post#: 75427--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 8, 2025, 1:54 pm
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Don't do anything yet. Whilst the court order says that witness
statements and evidence must be sent to the court and to the
other side by 4pm on 12 June, it also warns that if this isn’t
done, the claim or defence may be struck out and costs may be
awarded. However, this is not an automatic strikeout or
“guillotine” (Unless) order.
If Moorside Legal miss the deadline for sending you their
witness statement and evidence bundle, that’s a serious failure.
They are an SRA regulated legal firm of supposed professionals
(officers of the court) and should know better. If they don’t
submit anything by the deadline, then you are entitled to
respond with a holding witness statement shortly after — even if
it’s a few days late — explaining that you had been waiting for
their evidence to understand what case you’re supposed to be
defending, considering their claim has not pleaded any cause of
action in breach of CPR 16.4(1)(a). That is a reasonable and
fair explanation.
If you have not received anything by 4pm from Moorside Legal by
4pm on Thursday, I suggest you try calling the court a
Kingston-upon-Thames firs thing on Friday morning and ask
whether the clam has been discontinued or the hearing vacated.
Remind us on Friday, preferably after you have had confirmation
from the court whether the claim still stands and something cn
be thrown together as a holding WS.
#Post#: 75472--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: DWMB2
Date: June 9, 2025, 3:29 am
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If you're phoning the court, ideally do so first thing in the
morning to hopefully reduce the amount of time spent on hold.
#Post#: 75473--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 9, 2025, 3:35 am
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will do thank you
#Post#: 75875--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 10, 2025, 1:18 pm
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just received their WOS :(
HTML https://imgur.com/a/ECxNjmF
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