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#Post#: 68813--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: b789
Date: April 26, 2025, 10:14 am
---------------------------------------------------------
With an issue date of 24th April, you have until 4pm on Tuesday
13th May to submit your defence. If you submit an
Acknowledgement of Service (AoS) before then, you would then
have until 4pm on Tuesday 27th May to submit your defence.
If you want to submit an AoS then follow the instructions in
this linked PDF:
HTML https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
Otherwise, here is the defence and link to the draft order and
relevant transcripts that go with it. You only need to edit your
name and the claim number. You sign the defence by typing your
full name for the signature and date it. There is nothing to
edit in the draft order.
When you're ready you send all the documents as a single PDF
attachment (in the order of 'defence', 'draft order' and then
the 2 'transcripts') in an email to
claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim
number must be in the email subject field and in the body of the
email just put: "Please find attached the defence and draft
order in the matter of G24 Ltd v [your full name] Claim no.:
[claim number]."
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> G24 Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 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:
>
> [indent](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.[/indent]
>
> 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:
>
> [indent](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.[/indent]
>
> 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 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:
--- End Quote ---
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
If you want an editable MS Word file with everything in a single
document which you can then save/export as a single PDF file
when ready to send, use this:
MS Word .docx file for defence [CPR 16.4(1)(a)]
HTML https://www.dropbox.com/scl/fi/krubcbnf27bsis66pq4yg/Short-defence-strikeout-CPR16.4-1-a-3.docx?rlkey=z87f3h8is3hgnp7sqr8plsz99&st=ldawlubu&dl=0
#Post#: 68815--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: Hiram
Date: April 26, 2025, 10:27 am
---------------------------------------------------------
Thank you, we will get right on this.
We're guessing the outcome of doing this is that they drop the
claim I assume?
#Post#: 68816--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: b789
Date: April 26, 2025, 10:41 am
---------------------------------------------------------
In due course. You MUST respond to the Claim.
#Post#: 68817--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: Hiram
Date: April 26, 2025, 10:42 am
---------------------------------------------------------
Absolutely will. But what is the hopeful outcome of doing the
things you suggested?
#Post#: 68818--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: b789
Date: April 26, 2025, 10:44 am
---------------------------------------------------------
Greater than 99.9%
#Post#: 68820--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: DWMB2
Date: April 26, 2025, 10:54 am
---------------------------------------------------------
I think we've seen 2 cases where they actually pay the hearing
fee.
#Post#: 68979--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: Hiram
Date: April 28, 2025, 4:37 am
---------------------------------------------------------
b789,
Can you confirm that I don't edit anything in the transcripts or
the draft order. It's purely the defence that I add my claim
number and name?
#Post#: 68982--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: b789
Date: April 28, 2025, 5:00 am
---------------------------------------------------------
Yes, that is correct.
#Post#: 68983--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: Hiram
Date: April 28, 2025, 5:01 am
---------------------------------------------------------
Thank you.
#Post#: 76312--------------------------------------------------
Re: Claim Form from DCB legal for overstaying in G24 car park in
2019
DIR By: Hiram
Date: June 13, 2025, 2:21 am
---------------------------------------------------------
I've now received a reply since filing my claim. Would love
advice on what I should do next - see attached
[attachment deleted by admin]
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