Terms reached: Parked & left site.

Umkomaas

Pfazer69 said:

Umkomaas said:

Le_Kirk said:

Pfazer69 said:

Post mediation call. I have received a "Notice of Allocation Small Claims Track (Hearing)" letter from my preferred local court. It mentions both parties must submit witness statements by the end of the month but this isn't really relevant to me. The claimant is also asked to file various pieces of evidence:

Why do you think that, are you going to turn up at court without a witness statement, what will the judge rely on as your case and your evidence to support your defence?

I haven't read right back through the thread, but if this is a standard private parking charge court claim, I agree with you @Le_Kirk.  Getting the WS in can often provide the trigger for the discontinuance process to accelerate. 

@Pfazer69 - why do you think a WS from you isn't relevant? Apols if I've overlooked something fundamental that supports your presumption. 

There are no witnesses from my end... I guess the court want the claimant to divulge whether they have any witnesses.

You are the witness!  The main one. Submitting you WS is not just relevant, it is essential. 

Le_Kirk

Absolutely this^^ and as I said in my post, you cannot just rock up at the hearing without a WS and evidence.

Gr1pr

There is ONE witness,  you  !

You must prepare and serve your own WS, If they dont discontinue before the WS deadline,  your court order,  ORDERS you to

Pfazer69

Hi all this is the images from the PCN followed the letter from the court.

Gr1pr

Read the 2nd line in paragraph 2, , where it says,  the parties themselves 

Umkomaas

DCB Legal will also have a problem in meeting requirement #6. That's usually the trigger for a discontinuance. 

Pfazer69

Interesting. Thanks for the heads up.
Is there any advise on preparing a WS, any links. The deadline is the 28th so I have plenty of time.

Le_Kirk

Pfazer69 said:

Interesting. Thanks for the heads up.
Is there any advise on preparing a WS, any links. The deadline is the 28th so I have plenty of time.

These were good as examples of format and style as at August 2025: -

@busymerchbee73, @Feyla, @Char27, @aza123 (includes Chan & Akande)

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

Coupon-mad

Pfazer69 said:

Interesting. Thanks for the heads up.
Is there any advise on preparing a WS, any links. The deadline is the 28th so I have plenty of time.

Of course there's a whole section about WS & evidence stage, where you'd expect to see it, in post 2 of the Newbies thread under the red capitals heading: 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.

But they'll discontinue by then. Show us the attached NoD when it arrives this month, so Umkomaaas can count it!

And are you sure that their photos are merely 2 pics (10 seconds apart) and that they have failed to supply all the other things the judge required?

Pfazer69

Hi all. I have written a Witness Statement. Can one of you review it as I'm not too sure I've included everything I should. I have also attached a clearer image of the signage (I will also include this in my email to the court along with the PCN images date stamped 10 seconds apart as above.
I don't recollect seeing a copy of their defence as yet, not sure what this would look like to be honest. Just hope I haven't mislaid it.
Finally, do I send a copy to the court and one to their Solicitor. I have the solicitors email but not the court's but can post a paper copy if needs be.

WITNESS STATEMENT

The facts in this defence come from the defendants own and knowledge and honest belief for reasonable grounds to defend the claim.

Particulars of the Claim

1. It is admitted that the defendant is the keeper of vehicle ******* and has attended the car park at "*******" (PCN notice with date stamp attached) 09/03/2024, although he has no personal recollection of the actual event taking place some 20 months ago.

2. The defendant denies that they breached "the terms on the signs (the contract). Reason: "Parked & Left site" . The denial is based on inadequate signage at "Car Park At ****". The signage on the claimants site emphasises "Maximum stay 180 Minutes" with significantly smaller type face for other non-compliant criteria including "You must remain on site". There is also no clear description of what defines the site perimeter boundary.

3. The Claimant has also failed to provide images to bolster their statement "Parked & Left site". The attached PCN shows two images of the Defendants vehicle date stamped 10 seconds apart and no other images are offered that might tie him personally to the alleged breach. 

Therefore, the defendant denies the claim of “breach of terms - Parked and left site".

For additional costs claimed by the Claimant:

1. The defendant admits the original PCN was £70, but not £152.54. The Claimant has added a spurious £82.54 for “damages/dept recovery costs”, the defendant believes there is no facts or evidence to suggest so.

2.The claimant has added their court fee (£35) and Legal costs (£50) which is clearly an attempt to level yet more financial burden onto the defendant.