County Court Claim - CEL

drew1234

Here is the start/basis of my witness statement. Any advice would be greatly appreciated.

IN THE COUNTY COURT AT ____________


Claim No: ____________


Between


Civil Enforcement Ltd (Claimant)


And


________ ________ (Defendant)




WITNESS STATEMENT

I assert that I am not liable to the claimant for the sum claimed, or any amount at all, for the following reasons:


1.1 The claim relates to alleged parking charge and debt arising from my vehicle being parked at __________ on _________. Civil Enforcement Ltd are claiming that I was in breach of unknown terms and conditions, yet this £100 ‘parking charge’ was not a term known or agreed when accessing ________________ as a registered patron of this establishment.


2.1 I did park at ____________ on the date stated but was unable to leave my vehicle as my poorly, one year old son was with me at the time. My mum was dropped at the main reception to collect a prewritten prescription which I had been told would ready immediately. There was no on street parking available so I parked legitimately in the __________________ car park which I have been a patron of since birth.


2.2 As evidence I attach an email from the manager of _____________ which clearly states a telephone conversation was conducted and that a prescription was raised on the same day.


2.3 The prescription was not prepared when my mum spoke to the receptionist and she was not told to enter the vehicles registration number into any computer system. I was not aware of the signs stating the terms and conditions ‘All visitors must register for a permit on a touch screen inside the surgery’ as they were not seen from the vehicle.


2.4 As evidence I attach plans submitted by Civil Enforcement Ltd which clearly shows that my mum would not have seen a sign when entering ________________.


2.5 As evidence I attach photos of the sign stating the ‘terms and conditions’ which would not be visible from my vehicle.


2.6 Specific parking-terms signage “must be conspicuous and legible, and written in intelligible language, so that they are easy to see and read”. On the basis of this, Civil Enforcement Limited have failed to meet the operational requirements set out in accordance with BPA Code of Practice 18.3.


2.7 As evidence I attach the BPA Approved Operator Scheme Code of Practice.


3.1 The prescription was collected and I left the car park 16 minutes after entering it. I was using the car park for the sole purpose of using the ______________ as a bona fide patron and for no other reason.


3.2 There is no legitimate reason for the claimant to pursue this unconceivable sum and it is fully distinguishable in all respects from the recent ParkingEye Ltd v Beavis appeal, which Civil Enforcement Limited referred to in their response to POPLA, where the decision turned on a legitimate interest and clear notices.


3.3 As evidence I attach the Judgement of ParkingEye Ltd v Beavis [2015] UKSC 67.


3.3 Guidance from the NHS on NHS patient, visitor and staff car parking principles says “NHS organisations are responsible for the actions of private contractors who run car parks on their behalf” and that “Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’”. It also states that “‘Reasonable’ implementation of additional charges practice might include additional charges for people who do not have legitimate reasons for parking (eg commuters), or who persistently flout parking regulations (eg blocking entrances)”.


3.4 As evidence I attach NHS patient, visitor and staff car parking principles.
I believe that the facts stated in this witness statement are true.

Thanks in advance.

drew1234

Good morning,
I have two weeks until I need to submit my WS. Is there any advice re my draft WS above?
Kind regards.

Coupon-mad

Looks good. Did you appeal and tell CEL all this early on? If so, say that they knew you were a patron, from your early appeal, thus there is no cause of action, as you were an exempt authorised person.

drew1234

Yes, they have been aware of this throughout. I will adapt and make sure that is clear.
Thanks for taking the time to read through it, greatly appreciated!