Parking Eye County Court Claim Form

Coupon-mad

There is a line that says that 'each party shall deliver to the other party and to the court office copies of all documents on which he intends to rely'. Does this refer to the skeleton arguments and witness statement?

Yes - vague though it is (blame the courts service) it refers to the WS and evidence.

A SA is optional and not a priority, so read a few forum examples of WS and evidence and show us your version and what you intend to file as evidence (some hints are in the NEWBIES thread).

darchas

That's great - thanks Coupon-Mad. I'll look through a few examples and put something together.

darchas

Hello everyone,

I have put together my WS. I'm not particularly confident that I have got this right, so any thoughts would be appreciated!

In the matter of

******** (Claimant)
v
******** (Defendant)

Claim no:

Witness statement of Mr *******, defendant


I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.


1. On the date in question I used the ********* service station on the M* to rest and refresh. On that day I had been caught in a downpour of rain while walking a two mile journey from a meeting in ****** to my car. On the drive home I felt unwell and so stopped in the service station. I used the facilities to dry off, obtain refreshments, and rest.

2. I did not realise at the time that there was a charge for exceeding two hours stay on the car park. I believe that the signage for the service station car park is inadequate to effectively communicate a contractual obligation.

3. I don!!!8217;t believe that the signage complies with the Code of Practice of the British Parking Association Accredited Operators scheme, specifically point 28.2 !!!8211; !!!8220;Entrance Signs, located at the entrance to the car park, must tell drivers that the car is managed and that there are terms and conditions which they must be aware of.!!!8221;

4. Since returning to the car park I notice that there is a sign on exit from the motorway, I believe that this signage is insufficient as the entrance to the car park is some distance behind the petrol station which is the first turn off after exiting the motorway, it is not clear that the sign relates to the carpark and not the parking spaces on the petrol station car park.

5. With this being a motorway service station I had an honest expectation that there was no charge for parking, given the function of a service station is generally understood for patrons to rest and refresh to prevent driving when not feeling suitably fit.

6. I feel that the charge issued by the Claimant is unjust and that charging overstayers who have need to rest is unfair and has no commercial justification.

7. After receiving the initial notice of parking charges from the Claimant, I attempted to get in contact with the owners of the Service Station, ********. I did not reply directly to the Claimant as I had no reason to believe that the charge was legitimate, or that the Claimant had the right to charge a penalty for use of the car park. In total I sent two emails to ********* explaining my situation, however I did not receive a response. After the second email I did not receive communication from the Claimant for some time and so believed that the matter had been resolved.

8. I believe that the penalty charge is unfair and disproportionate considering I used the car park in good faith, making use of the service station facilities as I believed they were intended.

9. The Claimant alleges that my !!!8216;defence is a standard and generic template, distributed on online forums to Defendants attempting to avoid paying Parking Charges!!!8217;. I feel that this is very unfair, I have no experience of court procedures or legal arguments, and this case has caused me to spend a great deal of time and effort on research. I have put together my defence to the best of my ability and I don!!!8217;t see how the fact that !!!8216;Parking Eye has received !!!8216;a large number of identical or near-identical defences!!!8217; is relevant to my case.

I believe that the facts stated in this Witness Statement are true.

Signed xxxxxxxxxxxxxxxx

Dated xxxxxxxxxxx


I'm not sure my last point is valid in a WS but it's something that annoyed me and so I wanted to get it off my chest somewhere! If this is not the right place I'll remove it.

As evidence I intend to provide photos showing the position of the sign on exit to the motorway and the fact that the actual car park has no sign on entrance.

Thanks in advance for your help!

D

nosferatu1001

You need to include in your WS references to any evidence you wish to rely upon. So for example, photos of signs, copies of lettters etc. This is the only chance you have to do this.

darchas

nosferatu1001 wrote: »

You need to include in your WS references to any evidence you wish to rely upon. So for example, photos of signs, copies of lettters etc. This is the only chance you have to do this.

Thank you. I'll add in reference to the photos. Does everything else read ok/seem valid?

nosferatu1001

You really need to ensure your WS follows the form of your defence. Ensure you cover all elements of it, as you need to provide support for your defene

It lays out the facts that you know, or could reasonably know.

darchas

Hello

Just a quick question - once I have printed my WS and photo evidence, I post these to the court - do I also post a copy to Parking Eye?

Thanks

nosferatu1001

Yes, as yo uare told to do by the hearing letter, and as you are told to do when reading post 2 of the newbies thread

Please, cehck there first, every time you have questions.

darchas

nosferatu1001 wrote: »

Yes, as yo uare told to do by the hearing letter, and as you are told to do when reading post 2 of the newbies thread

Please, cehck there first, every time you have questions.

Ok will do, thank you.

Videoman

Does anyone know how this case went please? Thank you