04-30-2026, 10:35 AM
@mouse, that order is actually a good result overall.
The court has struck out the existing Particulars of Claim because they do not comply with CPR 16.4 and do not disclose any reasonable basis for bringing the claim. So the Judge has agreed with the essence of the defence point.
However, it is not finally over yet, because the Judge has thrown the Claimant a lifeline and given them one chance to put it right. The order says the Claimant must deliver Amended Particulars of Claim to both you and the court by 4pm on 11 May 2026, and if they do not comply by then the claim is automatically struck out at that point.
If they do serve amended particulars in time, you must then file and serve an Amended Defence by 4pm on 26 May 2026 in response to that amended pleading. So yes, they are being given the opportunity to try to repair the claim.
So the short answer is that you are closer to this debacle being over, but not quite there yet. The original Gladstones template PoC have been knocked out, which is significant but not unexpected. Now the ball is in their court. Either they fail to comply by 11 May and the claim dies automatically, or they file amended PoC and we then see whether they have actually managed to plead a proper case. If and when their amended particulars arrive, show them straight away.
So the position is that even if they amend successfully, you are not left empty-handed. The live fallback points are: inadequate notice of a material change, no properly established contract on the alleged new terms, strict proof of contemporaneous signage and the withdrawal of the free first hour, incorrect pleading of the base PCN sums, challenge to the £70 add-ons, strict proof of standing, and insistence that they properly identify and prove the actual basis of liability.
The court has struck out the existing Particulars of Claim because they do not comply with CPR 16.4 and do not disclose any reasonable basis for bringing the claim. So the Judge has agreed with the essence of the defence point.
However, it is not finally over yet, because the Judge has thrown the Claimant a lifeline and given them one chance to put it right. The order says the Claimant must deliver Amended Particulars of Claim to both you and the court by 4pm on 11 May 2026, and if they do not comply by then the claim is automatically struck out at that point.
If they do serve amended particulars in time, you must then file and serve an Amended Defence by 4pm on 26 May 2026 in response to that amended pleading. So yes, they are being given the opportunity to try to repair the claim.
So the short answer is that you are closer to this debacle being over, but not quite there yet. The original Gladstones template PoC have been knocked out, which is significant but not unexpected. Now the ball is in their court. Either they fail to comply by 11 May and the claim dies automatically, or they file amended PoC and we then see whether they have actually managed to plead a proper case. If and when their amended particulars arrive, show them straight away.
So the position is that even if they amend successfully, you are not left empty-handed. The live fallback points are: inadequate notice of a material change, no properly established contract on the alleged new terms, strict proof of contemporaneous signage and the withdrawal of the free first hour, incorrect pleading of the base PCN sums, challenge to the £70 add-ons, strict proof of standing, and insistence that they properly identify and prove the actual basis of liability.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
