Yet another DCBL county claim (Euro car parks) - Chelmsford

dlb134

Can someone clarify, am I just submitting a witness statement at this time? If so, hows this...

1.            

Date and Time of the Incident: On 01/08/20, my vehicle was parked at The meadows retail park Chelmsford for the purpose of delivering patient discharge papers and medications.

2.            

Parking Notice: The claimant pursues a claim for ‘breach of the terms on the signs (the contract).’ Reason, no valid pay and display ticket was purchased.

3.

The defendant case is that the parking operator has breached the British Parking Association (BPA) code of practice. 

4.

The defendant states there is a lack of or no proprietary interest and non-compliant legal contract with the landowner contrary to the requirement of section 7 of the code of practice. 

5.

The defendant states there is no clear information on the operator’s signage, and it does not comply with section 21.1, 22.1 or 27.4 of the code of practice. 

6.

The defendant states the charge amount is not clear on the signage with the sum payable

for unauthorised parking not adequately brought to the attention of motorists or compliant with any

applicable government regulations. 

7.

The defendant states the signage does not comply with section 19.4 of the

code of practice and the protection of Freedoms Act (PoFA) 2012 as the charge sum is not highlighted and shown in smaller type. 

8.

The defendant states the Notice to Keeper is not compliant with PoFA and as such the

keeper cannot be held liable for the PCN. The defendant has noted the timeframes operators must apply and conditions which must be met. 

9.

The defendant states that due to the time period parked (approx 20:00), inadequate lighting further exacerbated the poor signage making any 'contract' impossible to agree to. 

I believe that the facts stated in this witness statement are true. 

Coupon-mad

Nope.

Read the NEWBIES thread WS section.

dlb134

Coupon-mad said:

Nope.

Read the NEWBIES thread WS section.

Would you be able to link the thread / page to this thread? 

Its quite difficult to navigate the forums.

Probably doesn't help that I'm also doing this during a house move and having a new born 😅

Coupon-mad

The link back to page one is already twice on this page. See my signature for where it is.

dlb134

In the : County court at Chelmsford justice centre:  \claim number

Between

Euro car parks Limited (Claimant)

And

.......Defendant)

 

I am .... of ##### will say as follows:

1. Introduction
   1.1. I am the Defendant in this matter.
   1.2. I make this statement in support of my defence against the claim brought by Euro car parks limtied
   1.3. The facts in this statement are true to the best of my knowledge and belief.
2. Background
   2.1. On 01/08/2020, I parked my vehicle at The Meadows Retail Park Chelmsford for the purpose of visiting patients in their homes.
   2.2. The Claimant relies on signage with extremely small print to form a contract. However, the signage was not clear enough to be readable before parking the vehicle.
   
3. Details of the Incident
   3.1. The Claimant alleges a breach of contract based on unclear signage.
   3.2. The parking signs were not sufficiently visible or legible to create a contractual obligation.
   3.3. No contract was formed between myself and the Claimant.
   3.4. The Claimant has suffered no financial loss as a result of my parking.
4. Legal Arguments
   4.1. The Claimant is not entitled to claim the sums sought, as they have not demonstrated standing to sue.
   4.2. The parking charge is an unenforceable penalty and does not comply with the requirements set out in ParkingEye Ltd v Beavis [2015] UKSC 67.
   4.3. The charge exceeds the industry cap of £100 and appears to include unlawful additional fees.
   4.4. The signage at the location does not meet the standards required for clear contractual terms under consumer law.
5. Impact and Consequences
   5.1. I have suffered unnecessary stress and inconvenience due to this unjustified claim.
   5.2. I have spent time and effort defending this claim, which has caused undue disruption.
6. Statement of Truth
   6.1. I believe that the facts stated in this witness statement are true.

Signed: .....
Dated: 31/05/25

Any better???

Gr1pr

Well for one thing your statement of truth was retired several years ago,  in 6, so nothing like the recent exemplar WS examples seen on here

I would also suggest more work is required,  plus adding your numbered exhibits etc too

You copied the advice 3 weeks ago back on your page 1, at the bottom,  dated 9th of May 

Coupon-mad

That doesn't have enough to it. You just need to read the WS and the exhibits info in the second post of the NEWBIES thread.

dlb134

Gr1pr said:

Well for one thing your statement of truth was retired several years ago,  in 6, so nothing like the recent exemplar WS examples seen on here

I would also suggest more work is required,  plus adding your numbered exhibits etc too

You copied the advice 3 weeks ago back on your page 1, at the bottom,  dated 9th of May 

Im finding it difficult to locate a WS that is compareable to my case.. many relate to receiving CCJ's for parking in a permit space at a property under leasehold.

Please can you link me to couple WS that apply to this case i.e receiving a parking notice for parking in a retail park... 

I would REALLY appreciate it!

Coupon-mad

I can't find them any quicker than you could. There are no specific cases in my head so all you need to do is adapt your 3 or 4 forum search words & always change to NEWEST.

justfedup23

I think i am struggling with the same issues in my witness statement too.  It is what it is now and i guess i will just have to face what lies ahead.