I PARK , DCB LEGAL court claim 2025 , WS stage

Baggies024

My latest witness statement:

Name of Witness:

Witness Statement No.: One

                                                                                         

IN THE COUNTY COURT AT WALSALL

 

Claim No.: 

 

Between

I PARK SERVICES LTD(Claimant)

V

 (Defendant)

________

WITNESS STATEMENT OF 

                                  

 

I,  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 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.

 

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.

 

 

 

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:

Dated:

Updated WS, based on advice. Thank you.

They have until 17th July to pay the court fees, so I'm planning on waiting until that has passed to submit. Would that  be correct?
I think I have until the last week of July to submit.

Coupon-mad

Baggies024 said:

Hi,
First time posting.
I have been battling a private parking ticket for a year, by following the Newbies thread and have had my LBC. I sent off my AOS so, if my understanding is right, I now need to construct my defence?

DBC Legal are pulling the strings.

The reason for breach is not displaying a valid ticket, but they have never made clear exactly what the breach is. The ticket was displayed and is still in my possession. Reading between the lines, the issue is that only the last 3 digits of the reg are printed on the ticket. I have no idea why as I wasn't the driver or present. Could be a computer glich on their part?

Do I just build this into paragraphs 3 and 4 of the template and leave everything else as is?

Any tips on wording?

Anyone had a similar thing? If so, what's my chances?

From your OP (above) I see this is a keying error. Caused by a faulty machine, not you.

I would mention that fact head on in your WS and state clearly that the keypad failed and you know (and will swear on oath if necessary) that this was not driver error because you would never have typed in a partial registration. It is well documented in newspaper articles that some parking machines are either set to only allow 3 digits, or they move on to the payment screen in haste, having taken only a partial set of the letters & numbers keyed in. Basically, despite the Claimant knowing this full well and indisputably knowing which payment matches this vehicle, they have proceeded to court on a whim in the hope of harvesting yet another default judgment or inflated payment from scared victim defendants. Not this time. The claim is meritless to the point of being absurd and there is no cause of action.


(I'd use the above words AND search the forum for HHJ Pema judgment and attach that as an exhibit and copy the wording people have used about that case).

Baggies024

Coupon-mad said:

Baggies024 said:

Hi,
First time posting.
I have been battling a private parking ticket for a year, by following the Newbies thread and have had my LBC. I sent off my AOS so, if my understanding is right, I now need to construct my defence?

DBC Legal are pulling the strings.

The reason for breach is not displaying a valid ticket, but they have never made clear exactly what the breach is. The ticket was displayed and is still in my possession. Reading between the lines, the issue is that only the last 3 digits of the reg are printed on the ticket. I have no idea why as I wasn't the driver or present. Could be a computer glich on their part?

Do I just build this into paragraphs 3 and 4 of the template and leave everything else as is?

Any tips on wording?

Anyone had a similar thing? If so, what's my chances?

From your OP (above) I see this is a keying error. Caused by a faulty machine, not you.

I would mention that fact head on in your WS and state clearly that the keypad failed and you know (and will swear on oath if necessary) that this was not driver error because you would never have typed in a partial registration. It is well documented in newspaper articles that some parking machines are either set to only allow 3 digits, or they move on to the payment screen in haste, having taken only a partial set of the letters & numbers keyed in. Basically, despite the Claimant knowing this full well and indisputably knowing which payment matches this vehicle, they have proceeded to court on a whim in the hope of harvesting yet another default judgment or inflated payment from scared victim defendants. Not this time. The claim is meritless to the point of being absurd and there is no cause of action.


(I'd use the above words AND search the forum for HHJ Pema judgment and attach that as an exhibit and copy the wording people have used about that case).

Thanks Coupon-Mad, much appreciated.

Don't think I can claim this though, as I wasn't there:
 "the keypad failed and you know (and will swear on oath if necessary) that this was not driver error because you would never have typed in a partial registration".

Should I amend to represent third party?

Keep getting error when searching HHJ Pema, but will keep trying.

Coupon-mad

You can't get an error when searching unless it was when the forum was glitching yesterday!

Include a signed WS from the driver too.

Baggies024

Coupon-mad said:

You can't get an error when searching unless it was when the forum was glitching yesterday!

Include a signed WS from the driver too.

I only saw your response this morning and subsequently got the error repeatedly.
I have now logged off and back on and it's worked.

Baggies024

They have to pay the court fee by 17th July, will I get notification if this has / hasn't been paid?. 
Am I better waiting until then to submit my WS or will submitting it prior, signify my intent and encourage them to give up?

Thoughts?

Gr1pr

No, no notification,  you would have to contact the court after the deadline 

Submit your WS to the court and lawyers,  after checking if they paid the fee, but before your WS bundle deadline date   ( typically by email,  but less than 50 pages  )

Keep checking your inbox and spam folders for their N279 document too

Baggies024

Just got N279 notice of discontinuance ! Over the moon, thank you all for your help, much, much appreciated.

Gr1pr

Baggies024 said:

Just got N279 notice of discontinuance ! Over the moon, thank you all for your help, much, much appreciated.

Please post a redacted picture of the N279 document,  thanks 

Ipark and dcb legal chicken out yet again 

Umkomaas

Yes please, let's see the N279, then I can record it. That will be second I-Park discontinuance I've seen today.