Euro Car Parks - DCB Legal LTD - Court Claim 2025

Nellymoser

Gr1pr said:

So the WS bundle deadline is Monday 8th December,  hearing fee deadline is later on Thursday 11th December,  court hearing is pencilled in for Monday 22nd December,  all seems rushed,  but your task now is to draft your WS plus Exhibits bundle ASAP 

You haven't posted 2nd draft of your witness statement hope you're remembering it needs to be in today.

Did you look at lay-out of this WS previously advised (all the content may not be relevant to your case)
https://forums.moneysavingexpert.com/discussion/comment/81673077/#Comment_81673077

Merseyside1978

How does this look for a WS 

1. I am xxxx, of [Address], the Defendant in this matter. I will say as follows:

2. On 01/10/23  I visited the car park , and parked my vehicle registration no, XXXXX in the car park.

3. Once entering the car park was quite busy, there was a que of cars waiting for spaces. I remember waiting for a few other cars to manoeuvre in and out of spaces before trying to park myself.

3.3. I then walked over to the payment system where I attempted to pay several times but the machine had kept rejecting my coins. I then returned to my car to try find other coins that the machine would accept, and to pay again but the payment system kept spitting the coins out.

3.4. After two separate failed attempts for the payment machine to accept my coins, I then walked into the shop to get some further change, I walked back to the machine and then tried to pay again paid but yet again the machine failed .


5. The fact I made reasonable endeavours and cannot be penalised under UK contract law is also a circumstance supported by trite law. Authority for this is the case of Jolley v Carmel Ltd [2000] 2 EGLR 154, where it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.

5.1. Even if the Court believes a contract potentially existed, the Law Reform (Frustrated Contracts) Act 1943 applies. It states at 1.(1) ''money due but not paid before frustration ceases to be payable'' ;a contract may be discharged on the ground of frustration. The unforeseeable frustration brings a contract to an end forthwith and automatically!

6. Due to frustration of contract, where matters were outside my control due to a possible payment machine error the contract was never properly or fairly made.

7. 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.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Merseyside1978

Nellymoser said:

Gr1pr said:

So the WS bundle deadline is Monday 8th December,  hearing fee deadline is later on Thursday 11th December,  court hearing is pencilled in for Monday 22nd December,  all seems rushed,  but your task now is to draft your WS plus Exhibits bundle ASAP 

You haven't posted 2nd draft of your witness statement hope you're remembering it needs to be in today.

Did you look at lay-out of this WS previously advised (all the content may not be relevant to your case)
https://forums.moneysavingexpert.com/discussion/comment/81673077/#Comment_81673077

Posted above - what do you think ? 

Nellymoser

I can't advise if your draft witness statement is suitable I'm afraid it's beyond my expertise. I would say that Gr1pr advised you earlier to add the current WS statement of truth which is longer and been in force since the pandemic. Look at other posters recent witness statements and copy their statement of truth.

Le_Kirk

The statement of truth is too short, which leads me to believe it is the wrong one, did you look at some of the examples you were pointed at?

Gr1pr

You definitely haven't taken onboard my reply saying that the short statement of truth was retired several years ago,  replaced by a longer one which also mentions the possibility of being prosecuted,  contempt of court,  etc, its double or twice as long as the old one you posted above,  so replace it, even if you do nothing else,  before todays submission deadline 

Merseyside1978

1. 1. I am xxxx, of [Address], the Defendant in this matter. I will say as follows:
   
   2. On 01/10/23  I visited the car park , and parked my vehicle registration no, XXXXX in the car park.
   
   3. Once entering the car park was quite busy, there was a que of cars waiting for spaces. I remember waiting for a few other cars to manoeuvre in and out of spaces before trying to park myself.
   
   3.3. I then walked over to the payment system where I attempted to pay several times but the machine had kept rejecting my coins. I then returned to my car to try find other coins that the machine would accept, and to pay again but the payment system kept spitting the coins out.
   
   3.4. After two separate failed attempts for the payment machine to accept my coins, I then walked into the shop to get some further change, I walked back to the machine and then tried to pay again paid but yet again the machine failed .
   
   
   5. The fact I made reasonable endeavours and cannot be penalised under UK contract law is also a circumstance supported by trite law. Authority for this is the case of Jolley v Carmel Ltd [2000] 2 EGLR 154, where it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms.
   
   5.1. Even if the Court believes a contract potentially existed, the Law Reform (Frustrated Contracts) Act 1943 applies. It states at 1.(1) ''money due but not paid before frustration ceases to be payable'' ;a contract may be discharged on the ground of frustration. The unforeseeable frustration brings a contract to an end forthwith and automatically!
   
   6. Due to frustration of contract, where matters were outside my control due to a possible payment machine error the contract was never properly or fairly made.
   
   7. 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.
   
   Statement of Truth
   
   I 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 .

Signature
Date

Updated 

Merseyside1978

What time does this staement need sending please is there a time it needs to be sent by ? 

Gr1pr

Merseyside1978 said:

What time does this staement need sending please is there a time it needs to be sent by ? 

Probably 4pm today,  to the local civil court that sent you the recent court order,  plus the info@ email address for DCB Legal,  ideally sent as a pdf 

Remember to e sign it too, below that correct statement of truth you just changed 

Coupon-mad

Merseyside1978 said:

Coupon-mad said:

And I gave you info about the recommended exhibits list, most of which is for every case.

Can you send exhibits again please as i didnt get that bit ? 

I didn't send it. I signposted you to read it.