DCB Legal Claim defence

Gr1pr

Just_Cruising said:

Fair point 1505grandad. My partner and I share the car, so I don't actually know who was driving on these occasions and should have said as much.

Same as myself and my other half,  chances are that we wouldn't know either,  or thousands of other partners with shared vehicles, so if it quacks like a duck, wings like a duck, beak like a duck. Say its a duck 

So yes I agree with you 

But I am surprised that you have not received a discontinuation,  so check with your local civil court if they paid the hearing fee,  after the deadline for it to be paid,  or not 

Le_Kirk

 The claimant’s proof of claim

It is the Particulars of Claim

Just_Cruising

Thanks All,
So I've stripped it back to the following:

Name of Witness: XXXXXXX

Witness Statement No.: One

                                                                                         

IN THE COUNTY COURT AT KINGSTON – UPON – THAMES

 

Claim No.: XXXXXX

 

Between

EURO CAR PARKS LIMITED (Claimant)

V

MR XXXXXXXXXX (Defendant)

________

WITNESS STATEMENT OF XXXXXXXXXXX

                                  

 

I, XXXXXX, of XXXXXXXXX will say as follows:

 

INTRODUCTION

I make this Witness Statement (hereinafter referred to as WS) in readiness for the hearing listed on the first available date after 25th June 2025 at Kingston-upon-thames County Court and in support of my Defence against the Claimant’s claim.

 

FACTS AND SEQUENCE OF EVENTS.

1.     I have in the past used the parking facility at Priory Retail Park – Colliers Wood to attend the retail outlets there. There is a large home furnishings store, a large Currys store, other shops and places to eat. This is a popular retail outlet and car parking places can often take some time to find.

2.     Date and Time of the Incident: It is admitted that on the material dates, I was the registered keeper of the vehicle.

3.     On the dates in question (several years ago), the claimant’s records show my vehicle entering and exiting the car park in under 3 hours. 

4.     My experience of shopping with my partner and our autistic daughter (who is now 7 years old but was 3 and 5 years old respectively at the time of the incidents) is that this is not an unreasonable time to spend in these establishments, particularly with a new home to furnish.

5.     I will now make reference to Exhibits 1 and 2. Which are images of the retail park entrance, where there are no mention of parking limitations or charges.

6.     The claimant’s Particulars of Claim states that we breached the terms on the signs.

7.     Exhibit 3 shows an image of the parking signs that show the retail park is for customers only, which we were. Any mention of the duration or charges must have been positively buried in the small print.

8.     Exhibit 4 shows a contrasting image from a case (ParkingEye Ltd v Beavis [2015] UKSC67 ['the Beavis case'] found in favour of the parking owner. The duration and charges are very clear.

9.     I contend that I did not breach the terms of the agreement, being unaware that I had entered into a contract as I was a customer of the facilities.

10. I say that fees were not paid out or incurred by this Claimant, who is to put strict proof of:

(i) The alleged breach, and

(ii) A breakdown of how they arrived at the enhanced amount claimed, including how interest has been calculated, which appears to have been applied improperly on the entire inflated sum, as if that figure was immediately overdue on the day of an alleged parking event.

11.  In support of my contention that the sum sought is unconscionably exaggerated and thus unrecoverable, attention is drawn to paras 98, 193, 198 of ParkingEye Ltd v Beavis [2015] UKSC67 ('the Beavis case')  in Exhibit 5. Also, ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] EWHC 4023(QB), where the parking charge was £75, discounted to £37.50 for prompt payment. Whilst £75 was reasonable, HHJ Hegarty (decision later ratified by the CoA) held in paras 419-428 that unspecified 'admin costs' inflating a parking charge to £135 was not a true reflection of the cost of a template letter and 'would appear to be penal.

 

12.  In conclusion, the claimant has failed to provide clear evidence that a contract was formed, nor has it shown that the parking charge notices were validly issued. The lack of adequate signage and the unlawful nature of the additional charges further invalidate the claimant’s claim. The claimant’s attempt to impose liability for these inflated charges is unsupported by both statutory law and leading case precedents. I ask the court to dismiss the claim and award appropriate costs for the time and effort expended in defending against these unjust claims.

 

13.  I ask the judge to read the persuasive Judgment from His Honour Judge Murch (August 2023) in the Civil Enforcement v Chan case, and deliver the same outcome given that this Claimant has submitted a similarly vague POC. It is worth noting that in the Civil Enforcement v Chan case, the POC, while still ambiguous, did contain a subtle indication of the alleged contravention, specifically regarding the duration of the parking on the premises. In contrast, the POC in this case lacks even a minimal effort to hint at the nature of the alleged violation. In the Civil Enforcement v Chan case, full costs were awarded to the motorist, and the claim was struck out.

 

COSTS ASSESSMENT

 

Given the significant time and effort required to defend this unjust claim, I respectfully request that the court consider awarding costs under CPR 27.14(2)(g). I have spent considerable time researching, preparing this statement, and attending the hearing. My estimated costs for this are as follows:

 

• Research and preparation of witness statement (10 Hours): £122.1

• Travel expenses (Taxi to and from): £50

Totalling: £172.1

I request that the court consider these costs in its judgment, given the claimant's unreasonable behaviour in pursuing this claim without merit.

 

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.

 

Signed: ________________

 

Name: xxxxxxxxxxxxx

 

Dated: 12th May 2025

Coupon-mad

listed on the first available date after 25th June 2025

First: have you informed the court of all July- October unavailability given you have an autistic daughter to care for? If your N180 didn't cover those months, attach a fresh one.

Don't use the words 'In conclusion' in para 12.

You've completely missed the winning (impossible for them to justify) point about you and your daughter being protected by the Equality Act and entitled to more parking time than the fixed period available to other users.

It is illegal for a trader to impose an inflexible time limit on people with 'protected characteristics' and their carers.

Just_Cruising

Thanks Coupon-Mad, I was totally unaware of that. Is it ok to add:

14.     I and my daughter are protected by the Equality Act and entitled to more parking time than the fixed period available to other users. It is illegal for a trader to impose an inflexible time limit on people with 'protected characteristics' and their carers.

Coupon-mad

Not enough. Search the forum.

Just_Cruising

So I received DCB Legal's Witness Statement today. I have redacted, but how can I upload it here?

Gr1pr

Just_Cruising said:

So I received DCB Legal's Witness Statement today. I have redacted, but how can I upload it here?

You cant upload files here,  especially not a large bundle like  WS

Look at your WS above,  not an upload but a copy and paste 

Just_Cruising

OK, thanks and understood - there are 61 pages. Is it helpful to share images of the main pages (12 pages)?

Gr1pr

Only share anything relevant that you need advice on,  most of it will be template waffle and blurb