Claim form from UK Parking Control LTD

John919

Can you let me know if is ok or I need something to change. Thank you

1. I am Mxxxxx , and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2. I am a litigant in person, 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. Where they are not within my own knowledge they are true to the best of my information and belief. 

3. I am the Registered Keeper of the vehicle in question on the November 2018. 

4. In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

Sequence of events

5. I drove to Pure gym car park on the 7th of November 2018 at 5:30 am. 

6. I parked at the parking bay which I truly believed to belongs to Pure gym like many previous occasions for the last three years . Two gyms use the same parking yard. There is no barrier, fence or prominent delineation .

7. I am very familiar with this gym car park because as previously stated, I had been using it for over three years upon the date of receiving the Parking Charge Notice (PCN) from UK Parking control Limited, which was for allegedly in breach of the terms and conditions whilst my vehicle was parked on private land.

8. Later research proved that the parking bay marking was misleading as 1/3rd of lanes were painted in white and 2/3rd in yellow ,which would not have been very well visible at 5.30am as it still dark.

9. In fact that claimant provides no clear picture that I was not parked with the white buy. It makes me believe costumers of both gyms penalized unfairly . Exhibit - 01

 

10. I did not see any contractual signage side by Pure gym parking that the vehicle was parked on.  

11. After discovering the PCN on my windscreen I carried out research . I confirmed Exhibit -02 when you driving by the exit of the Pure gym car park you can see the keb by passenger side which when you are driving is difficult to read there. Also both the signs are next to each other making it confusing to understand. 

 a) In the alternative, if the Claimant alleges signage was present the Defendant avers that the signs had vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any person reading them under common contract law, and would also be considered void pursuant to Sch2 of the CRA. 

12. I also further refer to Exhibit xx-03,which shows UK Parking Control Limited own provided photo of my car parked on their private land, which again clearly shows no signage on the car parking near my car.

a) if yellow line belonged to other gym how would I be able to understand if there is no sign directly next to/in front of the yellow bay.

12. Again, I refer to British Parking Association (BPA) Approved Operator Scheme (AoS) - Code of Practice Version 6 - October 2015 section 18.3 . This specifically states that signs with specific parking terms must be placed throughout the site, so that drivers are given the chance to read them at the time of parking or leaving the vehicle.

13. It is therefore denied that I entered a legally binding contract, as no clear signs existed in the Pure gym parking I was parked on. For the last 3 years of parking on the same parking and on the date of the 7th of November 2018, at no point did I believe any permission to park was needed.

ParkingEye v Beavis is distinguished

 14. ParkingEye overcame the possibility of their £85 

Coupon-mad

Yep - looks good, if the rest is as per the example by aphex007.

You have a typo in 9: 'buy' should be 'bay'.  And add driver here:

3. I am the Registered Keeper and driver of the vehicle in question on the November 2018. 

John919

 Thank you
Yes I used the example by aphex007

John919

Hey, maybe some one knows email address where to send witness statement to court
I can't find on the letter 
Thanks

KeithP

John919 said:

Hey, maybe some one knows email address where to send witness statement to court
I can't find on the letter 
Thanks

I think google knows the answer to that.

Tell google which court and mention the word email.

John919

Thanks,  I already found it 

John919

Went to court today and judge said you should not be here because claimant decided not to proceed on 29 Nov due to lack of evidence. No one notified me. Anyway happy with outcome, thanks again to everyone who helped me

Coupon-mad

John919 said:

Went to court today and judge said you should not be here because claimant decided not to proceed on 29 Nov due to lack of evidence. No one notified me. Anyway happy with outcome, thanks again to everyone who helped me

That's a discontinuance - a win!

And this was UKPC using DCBLegal?

Woohoo!  ANOTHER DISCONTINUANCE!

Calling @Umkomaas 

ANOTHER UKPC ONE BITES THE DUST!

And we sincerely hope that you are au fait with the need to respond to the final Government Public Consultation?

We anticipate it will be open very soon.

We all need to ram the nail in the coffin of the false £70 'DRA fee' add-on, that actually funds the court claim and toxic CCJ culture, as well as the DRA gaslighting of people.

If PPCs manage to turn around the decision on banning the gaslighting / claim-funding 'fees' then the DLUHC will be rubber-stamping £200 parking charges and if that happens, they (Government) and the PPCs will wreck high streets and people's lives.  Whoever is responsible, if that happens (and it very nearly did in 2021) must hang their heads in shame.

Just checking you are among those ready to respond to the questions as you have personal experience of how this crap feels?

Please come back here when it opens, and you can make sure you don't miss the Consultation:

If you are not a regular reader, to be alerted you'll need to bookmark the thread by MSE_JC at the top of the forum and enable (on your profile) email alerts for bookmarked threads.

Then join us when the Consultation opens, pleeease!

John919

Yes it was ukpcl using dcbl,
Sure thing happy to join and respond to related questions
Thanks again for your time, if not your help and shared experience -they would scam me without thinking twice

Umkomaas

John919 said:

Yes it was ukpcl using dcbl,
Sure thing happy to join and respond to related questions
Thanks again for your time, if not your help and shared experience -they would scam me without thinking twice

Linking this thread in the DCB Legal discontinuation thread of shame. Getting bigger and bigger!