Terms reached: Parked & left site.

Coupon-mad

It's a good start but look at other recent WS as there is more to add.

Le_Kirk

You could use the gov.uk court finder and any contact details should be available there.

James_Poisson

You asked right at the outset that they provide evidence of you leaving site, I bet they have never provided this because they can't.

That sign says CUSTOMERS ONLY - if you were a customer you fulfilled that stipulation.

It vaguely states YOU MUST REMAIN ON SITE - but who exactly is "YOU" the driver, a random person passing by reading the sign, a passenger.

What defines the "SITE".

No leaving site claim has been continued in court since the "toothbrush case" and I can't see a legal rep sticking their neck on the block for this pile of you know what.

Pfazer69

Hi all. I have further revised my WS after looking at examples on the forum as follows. I must confess am struggling a little as as far as I know I haven't received the Claimants WS to refute.
I am also conscious that I have one week to submit this (28/11/25) so just need a nod from from yourselves and any pointers if I have missed anything.


Particulars of the Claim

1. The Defendant can confirm that he is the keeper of vehicle ****** and has attended the car park at "Car Park, ***** ***** ***"  00/00/2024, although he has no personal recollection of the actual event, having taken place some 20 months ago.

2. The Defendant denies that he has breached the terms on the signs (the contract). Reason: "Parked & Left site". The denial is based on inadequate signage at Car Park - "***************". 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 (image of signage attached).

3. The Claimant (G24 Ltd) has yet to offer any strict proof that the defendant left the site failing to provide adequate evidence to bolster their statement "Parked & Left site". 

Attached is a copy of the original PCN showing two images of the Defendants vehicle date stamped 10 seconds apart. These images alone provide no basis for a claim and in no way bind him personally to the alleged breach. 

As yet no adequate description of the driver, no video evidence of the driver leaving the site and no location details on where they are alleged to have left the site have been offered. They have yet to provide a signed statement from the landowner in relation to their claim so as yet, their claim cannot be considered in any official capacity. 

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

For additional costs listed by the Claimant:

i. The Defendant concurs the original PCN was £70, but disputes the significantly inflated sum of £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.

ii. The Claimant has added their court fee (£35) and Legal costs (£50) which is clearly an cynical attempt to seek more funds from the defendant.

In summary the claimant has failed to provide clear evidence along with the lack of adequate clear signage and the unlawful nature of the additional charges further invalidate the claimant’s case. The claimant’s attempt to impose liability for these inflated charges is unsupported by both statutory law and leading case precedents. I ask therefor the court to dismiss the claim.

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. 

 
Sig   / Date

Car1980

Yes, you exchange witness statements, which means you can't rebut the other side easily.

It also all needs to be in first person - "I" not "the defendant".

Head it "Witness Statement of Mr Joe Bloggs".

What is the layout of the site? Is there a pedestrian exit? Does the layout invite you to exit, such as a path or a gap in a fence? Presumably there is no sign or marking at exit saying "if you cross this line you agree to pay £100".

If you get your WS in and they discontinue you can apply for costs due to their unreasonableness at £24 per hour. So include a Costs Assessment on a separate page.

You could also visit the site to take photos for 45p a mile costs. 

Coupon-mad

Remove this heading:

Particulars of the Claim

Remove para 2 completely.

Remove 3i because of course a Claimant can add court fees!

It is far too short, so read other recent ones. e.g. in the threads by

maxim024

and

mtrolley123

which both have Mazur v Speechlys (that you need too) and are good WS to see off a DCB Legal case. None of them got the other side's WS. Of course not! DCB Legal rely on frightening & intimidating people into paying. They don't want hearings.

Pfazer69

Car1980 said:

Yes, you exchange witness statements, which means you can't rebut the other side easily.

It also all needs to be in first person - "I" not "the defendant".

Head it "Witness Statement of Mr Joe Bloggs".

What is the layout of the site? Is there a pedestrian exit? Does the layout invite you to exit, such as a path or a gap in a fence? Presumably there is no sign or marking at exit saying "if you cross this line you agree to pay £100".

If you get your WS in and they discontinue you can apply for costs due to their unreasonableness at £24 per hour. So include a Costs Assessment on a separate page.

You could also visit the site to take photos for 45p a mile costs. 

Thanks I will amend to 1st person and change the heading. There is a small pathway leading out of the car park but I'm pretty sure there is no sign stating "if you cross this line you agree to pay £100". I will of course check this on Saturday as I will be near the car park anyway. 
As for my potential costs...thanks, I will bear those in mind as or when they discontinue.

ChirpyChicken

Pfazer69 said:

Car1980 said:

Yes, you exchange witness statements, which means you can't rebut the other side easily.

It also all needs to be in first person - "I" not "the defendant".

Head it "Witness Statement of Mr Joe Bloggs".

What is the layout of the site? Is there a pedestrian exit? Does the layout invite you to exit, such as a path or a gap in a fence? Presumably there is no sign or marking at exit saying "if you cross this line you agree to pay £100".

If you get your WS in and they discontinue you can apply for costs due to their unreasonableness at £24 per hour. So include a Costs Assessment on a separate page.

You could also visit the site to take photos for 45p a mile costs. 

Thanks I will amend to 1st person and change the heading. There is a small pathway leading out of the car park but I'm pretty sure there is no sign stating "if you cross this line you agree to pay £100". I will of course check this on Saturday as I will be near the car park anyway. 
As for my potential costs...thanks, I will bear those in mind as or when they discontinue.

I would not bother - just stick to what you have done and deny leaving site, its a very strong point and can not be over come by the claimant, 

Coupon-mad

Car1980 said:

Yes, you exchange witness statements, which means you can't rebut the other side easily.

It also all needs to be in first person - "I" not "the defendant".

Head it "Witness Statement of Mr Joe Bloggs".

What is the layout of the site? Is there a pedestrian exit? Does the layout invite you to exit, such as a path or a gap in a fence? Presumably there is no sign or marking at exit saying "if you cross this line you agree to pay £100".

If you get your WS in and they discontinue you can apply for costs due to their unreasonableness at £24 per hour. So include a Costs Assessment on a separate page.

You could also visit the site to take photos for 45p a mile costs. 

Pfazer69 said:

Thanks I will amend to 1st person and change the heading. There is a small pathway leading out of the car park but I'm pretty sure there is no sign stating "if you cross this line you agree to pay £100". I will of course check this on Saturday as I will be near the car park anyway. 
As for my potential costs ... thanks, I will bear those in mind as or when they discontinue.

No. Photos won't be needed.

Just make the changes I suggested, so that your main point is the lack of evidence that any driver left the site.

You could also add to this same email, a signed/dated separate sheet of your costs & a few hours of your time spent on each stage, at £24 per hour (court rate). No more than £200. Keep it lowish then you can try to get it later.

They'll discontinue soon. Get your costs filed and served FIRST!

Show us the NoD when they email it over. We will need it to count your success.

Pfazer69

Hello all...
I've just received a N279 Notice of Discontinuance..........SUCESS!
That's a big relief!
Just wanted to thank EVERYONE who has contributed to this thread. I'm so glad I put my faith in you all and the sound professional advise I was given.
Particular thanks to #Coupon-mad... it cant be easy dealing with novices such as myself 😄. 
But seriously, I along with others are deeply indebted to you as your advice has saved us all hundreds of pounds each, not to mention patiently walking us step by step to now, as I see it... the "inevitable "successful conclusion 🙌 👏 👏 👏