County Court Business Centre Claim

Coupon-mad

Search the forum for two or three long/unusual words from that dross. 

It's a template. Discussed umpteen times.

KeithP

So your deadline for filing and serving your Witness Statement and evidence is 4pm on Tuesday 27th August 2024.

member2090

court is on 14th of September 
i have wrote this and had help from bot if anyone can tell me if its the right direction.. thank you 
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IN THE COUNTY COURT  

CLAIM NO:  

PARKING CONTROL MANAGEMENT (UK) LIMITED 

Claimant 

MR. **** 

Defendant 

WITNESS STATEMENT OF THE DEFENDANT 

FILED ON BEHALF OF THE DEFENDANT 

 

1. Introduction 

1.1 I, the Defendant, Mr. *** of [Defendant's Address], am the Defendant in this matter. The facts stated in this witness statement are true to the best of my knowledge. 

1.2 This witness statement is submitted in response to the claim made by Parking Control Management (UK) Limited, ahead of the hearing on 14th September 2024 at Willesden County Court. 

1.3 The Defendant will refer to the evidence submitted as Exhibits 1-9. The Defendant’s defense is as follows: 

2. Incident Location and Purpose 

2.1 On 13th November 2022, the Defendant drove into Silverworks to pick up a vulnerable, elderly relative residing at Gladstone House. The location is a dead-end road primarily used by residents with designated parking bays (Exhibit 1). The Defendant briefly stopped at the end of the road where there were no visible parking restrictions or lines (Exhibit 2). The only signage was for the parking bays to the far right, and the Defendant was not parked within those bays (Exhibit 3). 

3. Actions and Observations 

3.1 During the brief stop, the Defendant did not turn off the engine, nor did the Defendant exit the vehicle. The windows and sunroof were open, indicating clearly that the Defendant was waiting momentarily, not parking (Exhibit 4). 

3.2 Given the absence of visible parking restrictions, it was reasonable for the Defendant to assume that a brief stop to pick up a resident was permissible (Exhibit 5). 

4. Lack of Interaction with Parking Warden 

4.1 During the time at the location, no parking warden approached the Defendant or gave any warning. Instead, the warden took photographs from behind the vehicle without any engagement, depriving the Defendant of the opportunity to rectify the situation (Exhibit 6). The warden’s actions were likely to avoid confrontation, knowing the Defendant was in the vehicle and could explain the brief stop. 

4.2 The Claimant's evidence consists of only four photographs, all taken from the rear of the car within seven minutes, reflecting the warden’s evasive behavior (Exhibit 7). 

5. The Unjust Nature of the Parking Charge Notice 

5.1 This parking charge notice is unjust, appearing to be an attempt to exploit unsuspecting individuals (Exhibit 8). 

5.2 The parking signs were not near where the Defendant stopped. The text on the signs was too small to read from the Defendant’s position and was obstructed by a parked Land Rover (Exhibit 9). 

6. Interference with Rights and Terms of Lease 

6.1 The Claimant has taken over the location and operates it as if it were a public car park, imposing a £100 penalty on residents and visitors under the same terms as applied to the general public and trespassers. However, residents and their visitors have pre-existing rights, including rights to pick up relatives who reside at the location, rights of way, and peaceful enjoyment, which are granted under their leases or tenancy agreements. 

7. Defense Against Claimant's Statement 

7.1 The Claimant asserts that signs are displayed throughout the site and visible upon entry (Exhibit GS3). However, this ignores the actual circumstances of the Defendant’s stop. 

7.2 The Defendant did not stop at the entrance to read signs, as doing so would have obstructed the road. The Defendant drove directly to the end of the road, where the Defendant normally picks up the relative (Exhibit 6). 

7.3 The Claimant’s signs are not near where the Defendant stopped, and the text is too small to read from a car. Additionally, the signs were blocked by other vehicles, making them invisible from the Defendant’s position (Exhibit 9). 

7.4 Any reasonable observer would conclude that the Defendant did not have the opportunity to read or accept the Terms and Conditions on the signs. The Defendant’s brief stop was not an intention to park but to pick up a relative, with no awareness of violating any parking restrictions. 

8. Conclusion 

8.1 The Defendant respectfully requests the court consider the following: 

• The absence of visible parking restriction signs at the location where the Defendant stopped. 

• The clear intention to wait momentarily, not to park, as evidenced by the open windows and sunroof (Exhibit 4). 

• The warden’s failure to make his presence known or take photographs from the front of the car, suggesting he knew the Defendant was inside and could explain the situation. 

• The questionable behavior of the warden, who took photographs secretly from the rear within a seven-minute window while sitting in his vehicle (Exhibit 7). 

• The inadequate placement and readability of the parking signs, which were located in a car park far from where the Defendant stopped, and obstructed from view (Exhibit 9). 

•  

8.2 The Defendant respectfully submits that the parking charge notice issued by the Claimant is unjust and requests the court to dismiss the claim. 

 

STATEMENT OF TRUTH 

I, the Defendant, Mr. ***, believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

Signed: _______________________ 

Name: Mr ** 

Date: [Insert Date] 

Coupon-mad

Should be in the first person throughout.

1.3 The Defendant will refer to the evidence submitted as Exhibits 1-9. The Defendant’s defense is as follows: 

Defence has no 's' but this isn't a defence.

The NEWBIES thread has examples of WS statements and a detailed a-f list of recommended exhibits. I don't recognise this draft WS as having followed the suggested format, nor are the usual exhibits here.

The statement of truth starts off wrongly.  I'd suggest that it will be much easier for you if you just adapt one we suggest, which is why the 'Witness Statement and evidence' section exists in the NEWBIES thread.

member2090

1.      No Contract, No Breach: Without a 'relevant obligation' stipulated by such signage, there can be no breach. A reasonable person could reasonably infer that the use of the double yellow lines in this lay-by for loading pre-paid items is permissible, given the exemptions outlined in the Highway Code and relevant statutory regulations pertaining to street use. If a private firm mimic double yellow lines then their usual meaning applies. Even if this might be thought to be ambiguous, the Consumer Rights Act 2015 confirms:

“Section 69: Contract terms that may have different meanings

Contract terms can be ambiguous and capable of being interpreted in different ways, especially if they are not in writing or in an accessible format. In these cases, this section ensures that the interpretation that is most beneficial to the consumer, rather than the trader, is the interpretation that is used.”

This is part of the WS provided on newbies thread... is this generic or specific to that person ?

KeithP

I don't know where you are quoting that version of Section 69 of The Consumer Rights Act 2015 from, but the actual text in the Act is...

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

member2090

KeithP said:

I don't know where you are quoting that version of Section 69 of The Consumer Rights Act 2015 from, but the actual text in the Act is...

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

This version is from Citizen_K  WS which they used and won and the newbies thread uses it as an example 

member2090

Another question I do not have pictures of my own in the location, can i use the same pictures they use in their WS ?

Coupon-mad

Or Google Streetview.

member2090

(i) The sum of £100 in respect of the unpaid PCN (hereinafter referred to as ‘The Principal Debt’).

Total £100.00.

(ii) Additional costs as referred to in the signage on display at the site and referred to in the liability

notice sent to the Registered Keeper (Exhibit reference GS5) in the sum of £70.00.

(iii)By virtue of the IPC Code of Practice where a parking charge becomes overdue a reasonable sum

may be added. This sum must not exceed £70 (inclusive of VAT where applicable) unless

Court Proceedings have been initiated. The Claimant therefore seeks an additional amount of

£70 in addition to the monies in respect of the unpaid PCN as a contractual entitlement which

the Court should enforce. The Claimant however understands that the additional costs, in

terms of amount, are completely at the discretion of the court and are subject to its equitable

power to disallow unreasonable expenses. It is the Claimant’s position however, that as the

PCN remained unpaid, additional costs were incurred by them that were both reasonable and

reasonable and proportionate in the circumstances of the case. The Claimant had to divert time

and resources to recover the PCN charge, including but not limited to referring the matter to

debt recovery services and instructing Solicitors (incurring yet further expense). These costs

could have been avoided had the Defendant paid the PCN within the 28 day period, specified

in the respective notice.

(iv)Additional costs incurred by the Claimant in respect of issue fee, trial fee and fixed costs.

(v) The Claimant also seeks interest at 8% or some other such rate as deemed appropriate by the

Court, pursuant to Section 69 of the County Courts Act 1984.

THE CLAIMANT THEREFORE CLAIMS:

1. Judgment for The Principal Debt of £100.00.

2. The additional costs of £70.00 or such other amount as the court considers fair and reasonable up

to a maximum of £70 given the circumstances of the case.

3. Any additional costs incurred by the Claimant to date.

4. The Claimant also seeks interest at 8% or some other such rate as deemed appropriate by the

Court, pursuant to Section 69 of the County Courts Act 1984.

Dated 2nd July 2024

Gladstones Solicitors


CAN ANYONE ADVISE ON HOW I RESPOND TO THIS? 

DO I HAVE TO COUNTER CLAIM AS I'M TAKING A DAY OFF AND WASTING MY TIME/MONEY? 

DO I USE THIS THAT IS PROVIDED ON THE EXAMPLE WS?

1.    two

(a) The previously reserved costs of £315, and

(b) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(c) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

 

2.      Attention is drawn specifically to the (often-seen from this industry) possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."