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Claim form defence.

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  • ANTIUKCPM
    ANTIUKCPM Posts: 38 Forumite
    10 Posts Name Dropper First Anniversary
    I'm facing a similar situation with two UKCPM PCNs, any chance you can share your witness statement with me? I didn't appeal and was loading/unloading however the photos of my car don't show an open boot. Finding it hard to have any leg to stand on, regretting fighting this.
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper

    This is nowhere near finished, but am I along the right lines here? I understand I need to include beavis and a few other things. I've just rushed this together at the end of a nightshift.



    1. I am .... of ......, 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. 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:

    3. On 11/12/16 at just before 2300, (I can’t remember the exact time, the event was 6.5 years ago) I drove up to the entrance of Trafford House and stopped outside the lobby of the apartments so I could move some items of furniture into my girlfriend at the time’s apartment.  She lived on the 1st or 2nd floor (I can’t remember which). I wasn’t going to haul a double bed across a main road from the car park across the road to Trafford House and then up 2 flights of stairs when there were bays outside the lobby of the apartments.

    On 13/01/17 it’s the same story except I was moving furniture/possessions out (It was an embarrassingly short relationship, and I was packing up my things).

    Upon entering the car park at the front of Trafford house, I did not see any signage or terms and conditions of the car park.  On 11/12/16, the car park was pitch black and I didn’t see any signs inside the car park itself.

    4. Unfortunately, I cannot go back 6.5 years and take photos of the car park entrance for this witness statement but google maps goes back to July 2017. As you can see there is no sign on the entrance to the car park or any sign leading up to the car park. This is a breach of the Code of Practice and means that I was never on notice that the land was even managed, let alone aware of somehow agreeing to a contract that was far from prominent.  Which is a breach of the CRA 2015. That law says that unfair (including non-prominent) terms and 'consumer notices' are not binding on the consumer.

    The claimant is being untruthful in their witness statement claiming there were entrance signs.

    5. The claimant states - ‘The following was a term of the Contract: -“A valid parking permit must be clearly displayed at all times.”’

    In the evidence presented by the claimant, I cannot read this in any of the signage.

    It’s only possible to make out ‘NO UNAUTHORISED PARKING’ ‘TERMS OF PARKING APPLY AT ALL TIMES’. The small print underneath this is completely blurred.

    As I was loading and not parking this does not apply to me.

    I’ll reiterate the point from my defence: In Laura Jopson vs Homeguard Securities case number B9GF0A9E, His Honour Judge J Harris QC determined that loading and unloading is not parking. This was an appeal court case and thus persuasive on the lower courts.

    Are parking charges being handed out to removal lorries when people move in? I hope not as this would be completely unjust and I believe going around handing out parking charges close to midnight is predatory behaviour.

    6. The claimant has used undated stock images of their signs in their witness statement. These can’t be used as evidence against me. How do we know these signs are the same as the ones photographed in their evidence. You can’t even read the signs in the photographs they’ve shown us and trying to match the two is impossible.

    7. The claimants say no unloading is taking place. A photo of my car doesn’t prove that I wasn’t inside the building hauling flat pack up a flight of stairs.

    8. As well as denying that the Claimant is entitled to parking charges, I deny that the Claimant has incurred any ‘damages’. Then there is the extortionate attempt to harvest 6 years’ interest, which must surely be dismissed by the court. Interest is discretionary, not an absolute entitlement and it has been falsely calculated from day one on the whole amount.

    I take the point that enhancing their claim to interest on either impermissible sums or on an incorrect basis, is reason enough to disallow the claim.

    Further, this Claimant has sat on their hands and unreasonably delayed commencing proceedings for years, setting themselves up to profit from a hugely exaggerated 'reward' by default, had I not defended the claim. As such, I also take the point that – in the unlikely event that this claim is successful – interest should be disallowed or significantly reduced (per Claymore Services Ltd v Nautilus Properties Ltd [2007] BLR 452). 


  • Coupon-mad
    Coupon-mad Posts: 151,497 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 June 2023 at 3:54PM
    Then the rest of the WS by @aphex007 with Excel v Wilkinson as an exhibit.  That's the exemplar bundle to use.  Shows all the usual headings and numbered (your initials first) exhibits and cover sheet index.

    You need to number EVERY paragraph.

    And number every exhibit, and every page of the bundle.

    This bit needs to refer to an exhibit screenshot:

    '...but google maps goes back to July 2017. As you can see from exhibit (your initials and a number)...'

    Jopson is obviously an exhibit too!  You don't just refer to cases and not exhibit the transcript (except the Beavis case which needs no introduction to any Judge).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    Sending WS tonight. Ill attach a redacted here if I figure out how to use dropbox. any advice welcome. thanks for the help
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    I put 10 hours at 19 per hour for expenses is this ok?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Alfieb93 said:
    I put 10 hours at 19 per hour for expenses is this ok?
    Only you know how long you spent.
    If you spent two hours on it, it is not ok to say that it took ten hours.
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    Spent over 10 hours probably just didnt want to look like im taking the !!!!!!
  • Coupon-mad
    Coupon-mad Posts: 151,497 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Looks good. Nice work.

    Para 30 - and one other near it - is wrong (a little out of date) because the added costs are not (yet) 'banned'.  The correct wording is the version seen in the current Template Defence thread.

    Remove the annoying brackets people keep putting around the name of the Claimant at the top.

    And para 5 where 'clearing' should be 'clearly'.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    Legend mate thanks very much!!!
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