Defence of County Court Claim Form for parking

Coupon-mad

This is a forum and people post every day here.

Are you saying you don't read any other threads on the list each day, and can't find one when told it is about UKCPM and a win at Liverpool? Then you need to start using the forum as intended or you will struggle with your research.

You could search for Liverpool as a keyword...or just read the threads from today! This is why I said ''no link''... of course no link.

We will never link a thread from the same day for someone (except on bargepole's thread I did, as a comment, but he's more than capable of finding & reading other threads anyway). The forum is all about reading the day's threads.

Some of us read and reply to 6 or 7 pages worth, most days (80 or more new ones...every day). And yep, that's after a day job.

Bigboppa

In the Huddersfield County Court, Queensgate House, Quensgate, Huddersfield, HD1 2RR.

Claim Number **********

Between

HX CAR PARK MANAGEMENT LIMITED (Claimant)

And

*********** (Defendant)

WITNESS STATEMENT

• I am ******* of **************, 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.
  
• On 13/09/2017 I visited B&M, Bradford Road Retail Park, 394 Bradford Road, Brighouse, HD6 4DJ. To purchase some treated wooden posts and gravel for my garden.
  
• I entered the car park from the Brighouse Direction (as I live in Brighouse), there are no signs visible on the entrance to the car park from that direction, please see evidence of this in photo 1 attached overleaf.
  
• Please see photo’s 2,3 and 4 showing the varied and confusing signage particularly photo 4 with the small print, attached to the lamppost so high you would need a step ladder to read it clearly, as is the case for clear majority of the signs within this car park. Further evidence of the height making it difficult to read the small print can be seen in photo 5.
  
• I parked in the 1st space that I noticed was available, it is an end bay. Set at 90 degrees to the other bays, see photo 6 overleaf.
  
• I initially parked within the bay markings and was unable to exit my vehicle due to the close proximity of the vehicle in the next bay to me, which was parked right on the line if not even slightly overhanging into my bay, due to this fact I had to reposition my car carefully and courteously alongside the vehicle, albeit not fully within the bay. Please see evidence of this in photo 7 overleaf.
  
• The Fact is, the way I parked did not affect anybody else parking next to me as I was in an end bay, nor did I affect any pedestrians or other vehicles navigating within the car park as my vehicle was not obstructing a walkway or protruding into a roadway.
  
• The Bradford Road Retail Park is a free car park, due to this fact and the points made above. I did not affect anyone else whatsoever using the Retail Park, furthermore none of the businesses within the retail park or HX Car Park Management Limited themselves lost any income as a direct result of the way I parked.
  
• I argue that this is a case of “de minimis”, I parked courteously, and the odd L shape end of bay has been poorly designed and routinely pushes cars out of the bays causing them to overspill into the strategically placed white hatchings, further evidence of this can be seen in picture 8. There is plenty of room for the bay to be a larger size preventing this from happening.
  
• I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.
  

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

signed and dated

Coupon-mad

That's good.

I think I would add that you did not agree to any terms of any purported contract with the claimant and had no idea about the penalty, and could not have known about it, and cannot be bound by it.

Bigboppa

Ok thank you Coupon-mad. I will add that in and keep you posted with any further updates. Would you recommend I leave it until the last minute to send to the other party and court or should I do it asap ?

Coupon-mad

Before the deadline as set out in the court letter, especially due to Christmas post, if posting (do not send Recorded Delivery to a Solicitor).

BTW remind me, did you already blab who was driving, early doors? Just wondering why you wrote as driver in this WS when we know HX didn't use POFA PCNs and could not have held the keeper liable.

Bigboppa

Ok cheers, and no I didn't blab but decided I am going to defend at the hearing as the driver.

Coupon-mad

OK, it is good you have made an informed decision nice and early about your stance as defendant.

Bigboppa

Hi
I read on here that you should check that the claimant has actually paid the court fee before the deadline has expired. Would I have to phone the court for this? I have logged onto government gateway and cant see anything confirming weather they have or have not paid. The deadline is today.

Bigboppa

was meant to say whether not weather

Castle

Bigboppa wrote: »

Hi
I read on here that you should check that the claimant has actually paid the court fee before the deadline has expired. Would I have to phone the court for this? I have logged onto government gateway and cant see anything confirming weather they have or have not paid. The deadline is today.

You'll need to phone the court.