Defence of County Court Claim Form for parking

Coupon-mad

I think they may have sent me some incorrect info they should have sent to the parking company's solicitor.

" Please note the following information:
You MUST pay the hearing fee or your claim will be struck out. Please continue to read all the order for details of the hearing fee and when it needs to be paid by. The fee you initially paid was to issue the claim and is NOT the hearing fee."

That's because both sides get sent the same thing. Clearly it's not ''your claim'' to pay.

Bigboppa

My draft witness statement any help advice would be great.


In the Huddersfield County Court case number **********


Parties ***************** Defendant
********* Claimant


Witness Statement



I (Name) of (address) am the defendant in this claim. The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary .

I visited the HX Car Park Management site (location) to purchase some items from the B&M store located on the retail park.

The car park was relatively busy and I parked in the first space which I could see that was available, this happened to be an end bay set 90 degrees to the other bays in that row.


The car in the next bay adjacent to my vehicle was parked right up to the line, causing me to have to place my car carefully and courteously alongside, albeit at a slight angle and not fully within the bay.


It would not have been possible to get out of my car, and the other car would not have been able to open their boot, if I had been parked right up against the white line within the bay. It is an unusual angle for cars to park at anyway, and an aerial view of the two spaces would look like an L shape, so the driver's door was in line with the rear of the other vehicle.


The way I parked did not affect anybody else parking next to me as I was in the end bay, I was also not obstructing any walkways or roadways so was not obstructing any pedestrians or vehicle's maneuvering within the car park .


This can be clearly seen from the photographs taken by the parking company. I was baffled as to why I had received a ticket as it is a free car park and I was not affecting anyone else and only parked like that to be considerate to the vehicle parked next to me. The parking Company and businesses within the retail park had not lost any income due to the way I had parked.


Due to the poor unusual design of the bays this must be a frequent occurrence.

I argue this is a case of de minimis, I parking courteously and the odd 'L shape' of the end bay, which probably routinely pushes cars out to overhang the strategically placed white hatching. There is plenty of room for the bay to be a larger size preventing this from happening. Furthermore I live in Brighouse and drive to the retail park from Brighouse their is no visible sign as you enter the car park from that direction as the operators have failed to fit adequate signage visible from this direction.


I ask that the case be struck out and that I am to be awarded costs for having to defend the case, the time spent and postage costs incurred (which I have receipts).

I believe the facts stated in this witness statement are true.

Signed Dated

Coupon-mad

A good start (and I know you said you want to defend as admitted driver) but WS stage is where you get to submit all your evidence...and your WS needs to refer to it.

Photos of the bay will be needed, and mention of the terms on the signs not being readable, and pics of those signs. Take time to get that evidence even if it means a trip.

Bigboppa

ok thanks will do a trip for photos over the next few days.

Bigboppa

My 2nd draft witness statement any help advice would be great.


In the Huddersfield County Court case number **********


Parties ***************** Defendant
********* Claimant


Witness Statement



I (Name) of (address) am the defendant in this claim. The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary .

I visited the HX Car Park Management site (location) to purchase some items from the B&M store located at the retail park.

I entered the car park from the Brighouse direction, their are no signs visible on the entrance to the car park in that direction, please see evidence of this in photograph 1 overleaf.


The car park was relatively busy and I parked in the first space which I could see that was available, this happened to be an end bay set 90 degrees to the other bays in that row.


The car in the next bay adjacent to my vehicle was parked right up to the line, causing me to have to place my car carefully and courteously alongside, albeit at a slight angle and not fully within the bay.
It would not have been possible to get out of my car, and the other car would not have been able to open their boot, if I had been parked right up against the white line within the bay.please see photograph 2 overleaf.

Coupon-mad

That's very sparse indeed.

Why not read some more, how about the one used by the person who beat UKCPM today, just posted about?

Not bargepole's win at Guildford, the other one at Liverpool court (no link). They had a more detailed & persuasive WS.

Bigboppa

Im having trouble with the computer im on it only posted half of the post if that bear with me

Bigboppa

My 2nd draft witness statement any help advice would be great.


In the Huddersfield County Court case number **********


Parties ***************** Defendant
********* Claimant


Witness Statement



I (Name) of (address) am the defendant in this claim. The facts set out in this Witness Statement are true to the best of my knowledge and belief and are within my own knowledge unless stated to the contrary .

I visited the HX Car Park Management site (location) to purchase some items from the B&M store located at the retail park.

I entered the car park from the Brighouse direction, there are no signs visible on the entrance to the car park from that direction, please see evidence of this in photograph 1 overleaf.


The car park was relatively busy and I parked in the first space which I could see that was available, this happened to be an end bay set 90 degrees to the other bays in that row.


The car in the next bay adjacent to my vehicle was parked right up to the line, causing me to have to place my car carefully and courteously alongside, albeit not fully within the bay.
It would not have been possible to get out of my car, and the other car would not have been able to open their boot, if I had been parked right up against the white line within the bay.please see photograph 2 overleaf.


The way I parked did not affect anybody else parking next to me as I was in the end bay, I was also not obstructing any walkways or roadways so was not obstructing any pedestrians or vehicle's maneuvering within the car park. Due to the poor unusual design of the bays this must be a frequent occurrence. Please see photo 3.


Due to the fact that it is a free car park and my car did not protrude onto a walkway/ the roadway or into any other bay see phot 4 provided by the parking company. I did not affect anyone else whatsoever using the car park, furthermore The parking Company and businesses within the retail park had not lost any income due to the way I had parked.



I argue this is a case of de minimis, I parked courteously and the odd 'L shape' of the end bay, which routinely pushes cars out of bays causing them to overhang the strategically placed white hatching see photo 5. There is plenty of room for the bay to be a larger size preventing this from happening.


I ask that the case be struck out and that I am to be awarded costs for having to defend the case, the time spent and postage costs incurred (which I have receipts).

I believe the facts stated in this witness statement are true.

Signed Dated

Bigboppa

Why not read some more, how about the one used by the person who beat UKCPM today, just posted about?

Not bargepole's win at Guildford, the other one at Liverpool court (no link). They had a more detailed & persuasive WS.




Coupon-mad where is this I cannot seem to find it. Thankyou

KeithP

You've read about Bargepole's Guildford win?
(if not, it's at the top of page two at the moment)

The last post on that thread has a link to the Liverpool case.