PCN in paid for car park - amendment of particulars of claim

[EwanHusarmee]

I have a PCN case in a paid for car park dating back to Jan 2019 that has got to court. The district judge threw out the original case because the particulars of claim were badly drafted (amusing as BWLegal have been very snotty at my own amateur efforts at arguing the law).

I'm looking for advice on what to do next.

Should I definitely file an amended defence?

If so can I refer to discrepancies between the original and amended claim or is the original claim now entirely irrelevant?

Are they allowed to introduce any evidence/arguments that are not in the particulars in court - for instance they claim that the signage is clear on entering the car park but have provided one close up image of a sign that is not at the entrance and no evidence that this was the signage at the time. A google streetview of the car park shows no signage at the entrance. If I refer to this in an amended defence can they counter it with new images?

Any other comments /advice welcomed.

Thanks in advance.

Ewan

[ploddertom]

If the case was thrown out then surely that is the end of the matter unless they have brought a new one.

[EwanHusarmee]

If the case was thrown out then surely that is the end of the matter unless they have brought a new one.

The letter from the court said
"IT IS ORDERED THAT

1) The particulars of claim do not comply with CPR 16.4(1)(a) and are by this Order struck out.
2) The Claimant must by 4:00pm in 10th September 2020 file and serve Particulars of Claim, supported by a statement of truth, identifying: ...[if this claim is brought under Schedule 4 Protection of Freedoms Act 2012 or as a breach of contract]"

etc

Does it matter that they have submitted an Amended Particulars of Claim and not a Particulars of Claim as ordered by the Judge?

[ploddertom]

You will have to wait & see if they conform to the Order made by the Judge.

[EwanHusarmee]

You will have to wait & see if they conform to the Order made by the Judge.

I think it must. The amended particulars of claim now cover 5 A4 pages. They have obviously put some thought into it.

[EwanHusarmee]

I've got the amended particulars scanned to my google drive now https://drive.google.com/drive/folde...fG?usp=sharing