Witness Statement help

yapping

Hi i just wanted some feedback for the defence i have drafted using the template. The issue date for my claim form was the 28 aug and i already comepleted the AOS and submitted it on the 3/09. The reason on the claim was Not Parked Correctly Within Markings Of The Bay or Space. 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver

3. The Defendant was parked at Uxbridge Road Retail Park for the purpose of visiting Wicks. The Claimant relies on signage with extremely small print to form a “contract”. The Defendant argues that the vehicle’s driver would not be expected to, or indeed able to, read the signage before parking the vehicle, and therefore no contract can have been formed between the driver and the Claimant.

4. Further, adjacent to the parking space the Defendant was using is a disabled bay in use at the time of parking. The Defendant parked with the absolute minimum space required for both drivers to be able to get in and out safely, demonstrating that it was impossible to comply with the poorly defined / communicated terms and conditions.

KeithP

yapping said:

The issue date for my claim form was the 28 aug and i already comepleted the AOS and submitted it on the 3/09.

Hello and welcome.

With a Claim Issue Date of 28th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th September 2024 to file a Defence.

That's three weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Gr1pr

And the name of the Parking Company is. ?

And the name of the lawyers acting on the behalf of the Parking company is. ?

Post a redacted picture of the POC on the lower left of the claim form, hiding the VRM details from everybody who looks 

No personal information at all

Ps, a typo above, its Wickes, with an e

yapping

hxxps://www.dropbox.com/scl/fi/bk3m2meetsefxmudu5jek/IMG_4537.jpg?rlkey=vk4divv1vnnzxdk9pttshen4u&st=yhljferv&dl=0

here you go 

Coupon-mad

UKPC using DCB Legal, as usual



Defence looks fine.  DCB will discontinue before the hearing; we are collecting evidence of that. 'Scam' over in a few months!

yapping

I have reached the stage of submitting my Witness Statement which is due on the 2nd of April. The court data is set for the 30 April. I was hoping for the claim to be dropped but having heard nothing past the deadline of the 30th April for the payment of the trial fee I got to work on my witness statement. Could i have some feedback and do i just attach the photos at the end of the doc with a reference. Also I know I'm to send a copy of the Witness Statement to DCB and the court. For DCB I intend on using the same email for the DQ (info@dcblegal.co.uk) but for the court(Uxbridge County Court) do I go on their website and find an appropriate email address.

In the CIVIL NATIONAL BUSINESS CENTRE: (Removed by Forum Team)

Between

Uk Parking Control Limited (Claimant)

And

(Removed by Forum Team) (Defendant)

 

I am (Removed by Forum Team) 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 UK Parking Control Limited.
   1.3. The facts in this statement are true to the best of my knowledge and belief.
2. Background
   2.1. On 01/02024 (I am unsure of the date), I parked my vehicle at Uxbridge Road Retail Park for the purpose of visiting Wickes.
   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.
   2.3. Adjacent to the parking space I used was a disabled bay that was occupied at the time. I parked with the minimum space required to allow both myself and the adjacent vehicle’s occupant to enter and exit safely.(I have pictures showing my car and the occupied disabled bay.)
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.(would I need pictures of the signage?)
   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: (Removed by Forum Team)
Dated: 31/03/2025

 

Nellymoser

If that's your real name showing in the defence I suggest you report it for removal.

Coupon-mad

Check your junk emails for the Discontinuance.

Le_Kirk

Read a few other witness statements for examples of format and style.  Also check that statement of truth, it is out of date!  Most recent WSs: -

@Harry77, @imulsion, @Defendant911

Coupon-mad

And could you update your thread title which misspells 'defence' - and you aren't at that stage!

yapping

So I ended up using the witness statement from Defendant911.

7.            Date and Time of the Incident: On 01/02024, I parked my vehicle at Uxbridge Road Retail Park for the purpose of visiting Wickes.

8.            Parking Notice: The claimant pursues a claim for ‘Not Parked Correctly Within The Markings Of The Bay Or Space.’ The vehicle whilst parked over the line had one tire over the marking to accommodate the driver parked in the disabled bay who asked for room to allow entry and exit into his vehicle.

9.         Disabled Bay Lacking In Size: As seen in Exhibit 02 the disabled bay appears to be of a similar size to the bays around it. Furthermore, there are no access zone marked with yellow hatchings which are required to be a minimum of 1.2m in length as advised by the British Parking Association and the Traffic Signs Regulations and General Directions (TSRGD).

https://tsrgd.co.uk/pdf/tal/1995/tal-5-95.pdf?utm_source=chatgpt.com

10.         Inadequate Signage: Upon entry to the car park a sign (Exhibit 03) can be observed stating only the duration of stay. Underneath in much smaller text suggest terms and conditions can be found inside. This can lead to misunderstandings as the smaller text makes it difficult for anybody to be aware of or comply with parking rules. Furthermore, Google Street View dated from 2017 suggest no terms and conditions can be observed inside the car park from signs or posts.

 

I'm uncertain how much weight the Street View argument will have as images from Sept 2024 show signs. I'm hoping however the burden of proving that if there were signs before April lies upon the claimant. Other than that is there anything else I should consider before I send this off tomorrow