An inadequate particulars of claim from BW Legal costed Britannia Parking Group Ltd £1,050.00
A particulars of claim also known as a statement of case is a legal document that outlines details of a claim that a party is advancing. It must provide the relevant facts and law for a complete cause of action against the Defendant. In small claim, the claim form will often contain the particulars. However, it is possible to serve a separate particular of claim.
If the particulars of claim is inadequate, the Court can strike it out under CPR 3.4(2)(c) by it own motion or through an application made by the Defendant.
As a general rule, there are three types of contract under English law, a written contract an oral contract and a contract by conduct. There is a misconception by many legal representative that a parking contract is a written agreement. A parking contact is simply an agreement by conduct which means that a motorist is entering into contract based on her or his action. Therefore, the particular action of the motorist must be specified.
Under CPR 16.4(1)(e) and PD 16.7.5, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constating the conduct were done. An example of a conduct can be for example : displaying a parking ticket, parking longer than the time paid for, parking outside a bay or paying for the duration of your stay.
A claim was brought against our client by BW Legal in breach of CPR 16.4(1(e) and PD 16.7.5. After reviewed the content of the particulars of claim, we recommended our client to instruct our solicitor partners for an application to strike out under CPR 3.4(2)(c). The Application was robustly opposed by BW Legal Services Limited but the Court found in favour of our client and ordered Britannia Parking to pay costs client’s costs of £1,050.00.
It is a common practice for many parking companies to issue proceedings in breach of Practice Direction 16.7.5 Have you received the particulars of claim in breach of CPR 16.4(1)(e) and PD 16.7.5 and unsure on how to defend your claim, please contact us immediately on 03301139604 or via email legalteam@contestorlegal.co.uk