I PARK , DCB LEGAL court claim 2025 , WS stage

Baggies024

Coupon-mad said:

Have you not read @Umkomaas' thread illustrating this nearly 600 times?!

  

 I have, but I always assume I'll be the exception!

Baggies024

Was offered a deal at £100 over the weekend, can't say I wasn't tempted just to put an end to it, but I won't give in now having come this far.

Car1980

Yeah, I would put money on a discontinuation after that last ditch offer.

Why offer £100 if you had supposedly incurred £70 recovery fees + £30 court fees + £50 solicitor costs + interest + time + thought your case was solid and wanted to go to hearing?

Baggies024

I've had a bash at a Witness Statement.

My latest witness statement:

Name of Witness: XXXXX

Witness Statement No.: One

                                                                                         

IN THE COUNTY COURT AT WALSALL

 

Claim No.: XXXXX

 

Between

I PARK (Claimant)

V

MR XXXXX (Defendant)

________

WITNESS STATEMENT OF XXXXX

                                  

 

I, Mr XXXXX, of XXXXX will say as follows:

 

INTRODUCTION

I make this Witness Statement (hereinafter referred to as WS) in readiness for the hearing listed on the 14TH August 2025, 10:00 am at the County Court of Walsall and in support of my Defence against the Claimant’s claim.

 

FACTS AND SEQUENCE OF EVENTS.

 

1.     Date and Time of the Incident: It is admitted that on the material dates, I was the

registered keeper of the vehicle.

 

2.      The claimant’s Particulars of Claim states that we breached the terms on the signs. Reason: Without a Valid Pay and Display (or Prepay Arrangement) (ANPR)

 

3.     The Claimant’s evidence shows my car entering the car park at 12:34:45 on 24/02/24 and leaving at 14:21:15 on the same day

 

4.     Exhibit 1 shows the ticket purchased at 12:37 on 24/02/24 at a cost of £1.50 with an expiry time of 15:37. This ticket clearly applies to the vehicle in question and proves that said vehicle left well within the required timeframe. The ticket was clearly displayed.

 

5. The Claimant has, at no point, indicated exactly what the breach was and has provided no evidence of such. It can only be assumed, therefore that the claim is spurious and it’s aim is to extort money through fear.

 

6. . 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.

7.  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 2. 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.

 

8.  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.

 

9.  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): £150

• Travel expenses (Taxi to and from court): £30

• Time off work (half day): £100

 

Totalling: £280

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. 

THOUGHTS?

Please note that the ticket in question only displays the last 3 digits of my vehicle reg, but, whilst this may be their definition of the breach, they have, at no point made that statement, so I have not referenced it.

Car1980

10 hours would be £190. I wouldn't bother with that because costs are limited unless you can PROVE unreasonable behaviour.

Can you visit the site and get photos or it too far away?

If so, I would add the mileage for that trip at 45p a mile.

Baggies024

Car1980 said:

10 hours would be £190. I wouldn't bother with that because costs are limited unless you can PROVE unreasonable behaviour.

Can you visit the site and get photos or it too far away?

If so, I would add the mileage for that trip at 45p a mile.

Will amend, thanks.

Does the content and structure look ok? I've tried to adapt existing ones.

1505grandad

Make sure the name of the claimant on the heading is as stated on claim form.

Para 9  -  is that relevant  -  was it included in the Defence?

Baggies024

1505grandad said:

Make sure the name of the claimant on the heading is as stated on claim form.

Para 9  -  is that relevant  -  was it included in the Defence?

I thought 9 was relevant because the PoC does not indicate exactly why the ticket was invalid. 
There was a section in the defence that claimed that the Claimant had not given clear explanation of what the exact breach was.

Coupon-mad

Baggies024 said:

POC : 

Para 9 of your Witness Statement needs removing, as Chan isn't relevant to your case.

And this should be on a completely separate sheet (signed & dated):

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): £150

• Travel expenses (Taxi to and from court): £30

• Time off work (half day): £100

Totalling: £280

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

Signed

Date

Baggies024

Coupon-mad said:

Baggies024 said:

POC : 

Para 9 of your Witness Statement needs removing, as Chan isn't relevant to your case.

And this should be on a completely separate sheet (signed & dated):

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): £150

• Travel expenses (Taxi to and from court): £30

• Time off work (half day): £100

Totalling: £280

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

Signed

Date

Ok, thanks so much, will make those amendments.