Claim Form - DCB Legal Discontinued

Le_Kirk · 9 April at 9:10PM

Use it as an example for format and style but don't forget that YOUR witness statement needs to back up and support YOUR defence.

Coupon-mad · 9 April at 11:10PM

Le_Kirk said:

Use it as an example for format and style but don't forget that YOUR witness statement needs to back up and support YOUR defence.

And posters all need to stop repeating the template defence blurb in WS. No!

PilotJames · 28 April at 9:49PM

Here is my draft WS. Names and locations have been changed for purposes of confidentiality. It was a long time ago so difficult to recall much of the alleged infringement.

Edit: is it acceptable to refer to a previous case using a footnote rather than including the entire transcript as an exhibit to keep within the 50 page limit? Should I add reference CPA s62 & sch 2?

1. I am R Weasley and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

2. In my statement I shall refer to Exhibits 1, 2 and 3 within the evidence supplied with this statement.

Facts and sequence of events

3. Date and time of the incident: On 10th May 2019 I was the driver of vehicle 7990 TD and I parked at Hogsmeade car park. Due to the parking event occurring over 5 years ago I cannot recall the exact times that I entered and left the car park; however, I do recall that the purpose of parking was to attend the Hogsmeade Magical Market which is held 6-9 pm of the last Friday of every month; therefore, it can be reasonably assumed that the parking occurred at some point between this period.

4. Pay-and-display ticket: I recall purchasing and displaying in the vehicle a pay-and-display ticket for the period of parking.

5. Parking Charge Notice: The claimant claims that a parking charge notice was issued on the 10th May 2019 for breach of terms on the [car park] signs. As stated above I parked on the evening of the 10th May 2019 and therefore no parking charge notice could reasonably have been issued on the same date. Furthermore, the claimant claims that that the pay-and-display did not cover the date and time of the parking but has not provided any evidence to show that this is the case. The claimant is now claiming an excessive sum of £256.48 plus legal and court fees in pursuance of this parking charge notice. The persuasive judgement from District Judge Jackson in Excel vs Wilkinson at the County Court at Bradford (See Exhibit 1) supports the argument that these sums are considered excessive.

6. Car park signage: The claimant claims that I breached the terms on the [car park] signs. The entrance sign to the car park, however, was:

(i). difficult to spot when entering the car park, and

(ii). the content and presentation did not conform to the BPA Code of Practice v7 (Section B-18 and Appendix 'B') which was applicable at the time of the parking event. (See Exhibit 2).

7. Entering the car park: It is possible that I noticed the entrance sign when entering the car park but due to the points (i)-(ii) referenced in paragraph 6 above, it’s likely that the terms of parking were not clear and due to the amount of information contained within the sign unlikely that I'd be able to be read and understand them whilst driving into the car park. Exhibit 3 shows a google street images of the car park sign at the entrance to the car park. Although taken a few metres away, the images illustrate the points (i)-(ii) referenced in paragraph 6 above. Due to the elapsed time since the parking event took place, I was unable to obtain closer pictures since the car park is now operated by a different private parking company.

Conclusion

8. In conclusion, I bought a pay-and-display ticket in good faith and the claimant has failed to provide clear evidence that I have breached any terms of contract for parking at the site. Additionally the parking charge notice issued by the claimant was invalid and the sums sought by the claimant in this claim are excessive. I therefore ask the court to dismiss the claim.

Statement of Truth

9. 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.

Coupon-mad · 29 April at 6:15PM

That's a good non-templatey WS.

"Edit: is it acceptable to refer to a previous case using a footnote rather than including the entire transcript as an exhibit to keep within the 50 page limit? Should I add reference CPA s62 & sch 2?"

Yes and yes.