A DEFECTIVE PARTICULARS OF CLAIM AND A PREMATURE CCJ COST UK PARKING CONTROL LIMITED OVER £1,992.65

In our numerous publications, we have emphasised the importance of compliance with legal rules and the potential consequences of failing to do so.

In essence, this case involves a client who sought legal assistance regarding a single parking charge of £100. Despite receiving no correspondence, UK Parking Control decided to pursue legal action against them.

The particulars of claim issued by UK Parking Control Limited were found to be defective, as they failed to specify the conduct leading to the formation of the contract and the subsequent breach. As a result, we advised our client to engage Lawrence and Associates Solicitors to file an application to strike out the claim under CPR 3.4(2)(a) and 3.4(2)(c).

Represented by Mr. Jackson Yamba on behalf of Lawrence and Associates Solicitors, an application was submitted to the court, with a copy provided to UK Parking Control to put them on notice. However, UK Parking Control Limited obtained a default judgment, contrary to CPR 12.3(3), despite the application to strike out.

An amended application was subsequently filed with the court to include a request to set aside the default judgment under CPR 13.2. The case was eventually scheduled for a hearing, during which the court agreed with all the points raised by Mr. Jackson Yamba in his submission.

In the County Court at Bromley, Judge Watson set aside the judgment under CPR 13.2 and struck out the claim under CPR 3.4. The court also ordered UK Parking Control Limited to pay costs totalling £1,992.62.

This case underscores the importance of legal compliance and the potential consequences of procedural errors in legal proceedings. If you find yourself in a similar situation, seeking legal advice and representation can be crucial in protecting your rights and interests.