CLAIM FORM - I have a LEASE CAR as a Small Business Owner - Unsure what to do next

1505grandad

Just checking  -  no doubt you will stating the correct name of the claimant i.e. "Parking Control Management (UK) Ltd" and not as they refer to themselves in the claim form reference i.e. "PARKING CON"

freedom42

Deadline issue for N180

I have received the N180 by post today and the letter says the deadline for sending it back is 30th May 2024. So I’ve missed the deadline. The letter is dated 13 May 2024.

I think it may have happened because they sent it to my business address which then takes time to forward to my address.

What should I do? 

I’d be grateful for any advice. Thank you.

LDast

Just complete the form, scan it and email it to the CNBC and the claimants solicitor. Do it now.

Why is it taking a week or more for important, time sensitive documents to arrive from your business. Does someone open you mail and then forward it immediately or is it just left to accumulate for a few days and sent in bulk?

freedom42

Hi everyone,

I've finally received the letter from court. I've never been to court before so please can you advise me what I need to do, having received this letter? Thank you very much.

Le_Kirk

Have you revisited the NEWBIE sticky as most of your answers will be found there.

Coupon-mad

Just read the second post of the NEWBIES thread again. Easy stage.

freedom42

Hi,

I just got this email from solicitors. Is that normal? I guess I still need to show up if I want to win? 

Any tips appreciated as this is all very new to me. Thank you. 🙏🏾

KeithP

freedom42 said:

Hi,

I just got this email from solicitors. Is that normal? I guess I still need to show up if I want to win? 

Any tips appreciated as this is all very new to me. Thank you. 🙏🏾

Yes, you still need to attend.
The Claimant will send an advocate in their place.

Coupon-mad

freedom42 said:

Hi,

I just got this email from solicitors. Is that normal? I guess I still need to show up if I want to win? 

Any tips appreciated as this is all very new to me. Thank you. 🙏🏾

Done yours yet? We did signpost you to the NEWBIES thread where WS stage is explained. Defence was not your only job.

freedom42

Witness Statement:

This is what I plan to email to the court and the solicitor today or tomorrow. What do you think? I'm not too sure what it all means exactly, so some errors may have crept in. Thank you so much for any feedback.  

Filed on behalf of: My COMPANY NAME limited

 

Name of Witness: My name

Witness Statement No: One

 

IN THE COUNTY COURT AT CLERKENWELL & SHOREDITCH

 

CLAIM NO: XXXXXXX

PARKING CONTROL MANAGEMENT (UK) LIMITED   (Claimant)

V

MY COMPANY NAME LTD   (Defendant)

 

WITNESS STATEMENT OF (MY NAME) FILED ON BEHALF OF THE DEFENDANT

                  

1. Full Name and Address of the Witness

I, MY NAME, of MY COMPANY NAME Limited, MY COMPANY ADDRESS am the Defendant in this claim.

 

2. Background and Purpose of this Statement

This statement provides a factual account of the events relevant to the claim brought by Parking Control Management Ltd. I intend to demonstrate that the claim lacks merit due to inadequate and unclear signage, lack of contractual authority, and an exaggerated financial demand.

 

3. Overview of Events

The claim arises from a parking charge issued by the Claimant on for alleged breach of terms and conditions at Chertsey Court, London.

 

4. Evidence and Exhibits

In support of my defence, I have provided the following evidence (exhibits attached):

 

• Exhibit A: Photographs of signage at the location. The photo demonstrates that the sign was poorly positioned, far too small to read, and lacked adequate lighting or visibility.
• Exhibit B: A comparison sign from the Beavis case, which shows that clear, prominent signage is necessary for enforcing terms of parking charges. The signage used by the Claimant falls short of this standard.
• Exhibit C: A copy of the appeal judgment in Civil Enforcement Ltd v Chan (Ref: E7GM9W44), which supports striking out claims with inadequate Particulars of Claim (POC). The Claimant’s POC fails to specify any conduct that would constitute a breach, similar to the case in Chan.
• Exhibit D: Transcripts of Excel v Smith and VCS v Edward, supporting my argument against keeper liability as I am the registered keeper, not the driver.
• Exhibit E: Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). The Claimant has failed to comply with PoFA requirements necessary to transfer liability to the registered keeper. 

5. Argument Against Claimant’s Standing and Authority

I argue that the Claimant lacks standing to issue this claim. I understand that only the landowner, or a properly authorized agent, can issue charges for alleged parking violations. I put the Claimant to strict proof that they have the necessary contractual authority to issue and pursue this claim.

6. Challenge to the Validity of the Claimed Sum

The Claimant’s claim includes an additional sum that is disproportionate and not reflective of any actual loss. As referenced in ParkingEye Ltd v Beavis [2015] UKSC67, charges exceeding a reasonable amount are not enforceable. I deny that the core debt exceeds the industry cap of £100, and I argue that any additional fees are punitive and unreasonable.

 

7. Breach of the Consumer Rights Act 2015 (CRA)

I believe that the Claimant's signage and terms are unfair under sections 62 and 71 of the CRA 2015. The signs were not clearly visible, nor were the terms prominently displayed. This failure to provide fair and clear terms further supports that the claim should be dismissed.

 

8. Lack of Alternative Dispute Resolution (ADR)

The Claimant did not provide a fair ADR process, leaving me without a genuine opportunity to resolve this dispute before court proceedings.

 

9. Conclusion

In light of the evidence presented, I request that the Court dismiss this claim on the basis of inadequate signage, lack of clear terms, exaggerated claim amounts, and lack of standing by the Claimant. I also seek the Court's permission to recover costs for the time spent preparing this case and attending the hearing.

 

10. 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: