UK Car Park Management Civil Claim Defence statement feedback (chat gpt)

TiredofGB2025 · 5 June at 2:56PM

Hi there, first time trying to defend a civil claim against a private car parking company for £255.00. Am admittedly a novice and don’t know much at all lawfully in this sector.

I have drafted a defense letter on grounds of mis demeanour / unequivocal claim fee vs landowner inconvenience etc - for not parking in a marked bay, which was unclear at the time of parking due to a fully populated car park, but additionally some small oversight on my part to not notice some cars were in bays and others not (it was late after 11pm, and very dark).

I would greatly appreciate any support in strengthening my defence statement to try and mitigate the claim amount / have it struck out all together ideally.

Any advice of reference cases / loopholes or pointers in the right direction would be greatly appreciated!

Thank you.

Defence Statement

Your Full Name
Your Address
City, Postcode
Email Address
Phone Number

Date: [Insert Date]

To:
The County Court Business Centre
St Katharine's House
21–27 St Katharine's Street
Northampton
NN1 2LH

Claim Number: [Insert Claim Number]
Claimant: UK Car Park Management Ltd
Defendant: [Your Full Name]

1. Denial of Liability

I deny the entirety of the claim and put the Claimant to strict proof of all aspects of their allegations. I dispute that there was any valid breach of contract or parking terms and conditions.

2. Background and Key Points

- On the date in question (02/07/2023), I parked my vehicle in what appeared to be a permissible area at Pilot Walk, East Greenwich, SE10 0UI, and paid for the parking session accordingly, including renewing the session to cover my full stay.
- The Claimant asserts that I was not parked within a marked bay. However:
- The alleged bay was not clearly marked.
- Not all parking spaces at the location were clearly defined or marked, and the area where I parked appeared to be part of the general parking zone.
- Signage on site was not adequately visible due to it being night-time, which rendered the terms unreadable or unclear.
- I did not cause any obstruction to other vehicles, nor did I block access or interfere with any adjacent bays. I was parked at the end of the designated space.
- The photographic evidence shared by the Claimant confirms that my vehicle was parked considerately and without obstruction.
- Importantly, the location listed in the Claimant’s particulars of claim is incorrect. They refer to “ilot Walk” instead of Pilot Walk, East Greenwich, SE10 0UI.
- At the time I parked, all marked bays on site were fully occupied. My vehicle was photographed at 00:44 when spaces had been vacated, making it easier to distinguish marked bays. However, at the time I arrived and parked, it was not possible to clearly identify the presence or absence of bay markings due to the full occupancy.

3. Disproportionality and Unjustified Sum

The sum of £255 being claimed is excessive, disproportionate, and does not reflect any genuine pre-estimate of loss suffered by the landowner. Since:
- I paid for parking during the time I occupied the space, there was no financial loss to the Claimant or the landowner.
- Any breach, if it occurred, was at most a minor technical misdemeanour, not a substantive violation causing harm or loss.
This excessive charge appears to be a penalty rather than a genuine contractual term, and is thus unenforceable under contract law principles (ref: ParkingEye Ltd v Beavis [2015] UKSC 67, which supports proportionality as a key test).

4. Poor Signage and Unclear Terms

The signage at the location was:
- Inadequate and poorly lit, making it difficult to read and understand the parking terms, particularly at night.
- Ambiguous, especially regarding what constitutes a marked bay given the absence of clear line markings where I parked.

5. Conclusion

Given:
- I paid for parking legitimately;
- There was no obstruction;
- Signage was unclear and poorly visible;
- The location on the claim form is inaccurate;
- And the sum claimed is excessive and punitive,

I respectfully request that the Court dismiss the claim in full.

6. Statement of Truth

I believe that the facts stated in this Defence are true.

Signed: _______________________
[Your Full Name]
Date: [Insert Date]