G24/DCBL Court Claim September 2024 - June 2025 - Wickes Customer Parking

cAtn0nymous

First, thanks for having me.

I have received the following Claim Form:



I followed instructions as per your other posts and submitted my acknowledgment of service with intention of defending all of the claim:



Now I'm writing my defence following the template and I would really appreciate some feedback:

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. The Defendant does not accept that a contravention occurred on 27/09/2024, as alleged and was not issued with PC(s) by the Claimant.  Whilst the Defendant is the registered keeper and driver, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated and there were no damages incurred whatsoever.

 

3.1. The Defendant was a legitimate customer of Wickes for the entire duration of the visit and remained on-site at all times. At no point did Wickes staff advise of any parking restrictions, limitations, or need to register a vehicle.

In the event that the Claimant alleges the Defendant exceeded a time limit, the Defendant asserts that no such term was clearly communicated or contractually agreed to. The Defendant had no reasonable cause to suspect that parking might be restricted or chargeable during the visit as a customer.

 

3.2. Inadequate Signage – No Contract Formed, No Reasonable Expectation of Penalty

At the entrance to the car park, the most prominent signs are:

• A Wickes-branded sign stating “Customer Parking”, and
• A G24-branded sign stating only “Customer Parking Only.”

No terms or conditions are visible at the entrance — there is no mention of:

• A time limit (e.g., “90 minutes maximum stay”),
• A requirement to remain on site,
• A need to register the vehicle, or
• Any potential penalty.

As a legitimate Wickes customer, the Defendant had no reason to search for additional signage within the car park. These entrance signs give the impression that unrestricted parking is permitted for customers.

This signage is misleading and does not establish a legally binding contract. It fails the test of clarity, prominence, and fairness as required under consumer law and established by ParkingEye Ltd v Beavis [2015] UKSC 67.

 

3.3. No Parking Charge Notice Received – Denial of Procedural Fairness

Without prejudice to the denial of liability, the Defendant admits to being the driver of the vehicle on the date in question but was never served with any Parking Charge Notice (PCN) from the Claimant, G24 Ltd.

The first correspondence the Defendant received was from the Claimant’s debt collection agent, DCBL Ltd, dated 3 January 2025 — more than three months after the alleged contravention of 27 September 2024.

As a result, the Defendant was denied any fair opportunity to:

• Appeal the charge via the independent BPA appeals process (POPLA),
• Understand the basis of the charge, and
• Settle at the reduced rate typically offered for early resolution.

The British Parking Association Code of Practice requires operators to serve a PCN promptly and allow the motorist to appeal or make representations within a reasonable timeframe. The Claimant failed to do so.

The Defendant asserts that no valid PCN was ever received, nor has the Claimant provided a copy of one to date. The sudden escalation to debt recovery and legal action without prior communication is contrary to the principles of procedural fairness and consumer protection law.

 

3.4. Failure to Mitigate or Offer Extensions

As a kitchen design appointment — which by its nature typically lasts over 90 minutes — the Claimant failed to:

• Offer any mechanism to extend the parking duration, and
• Failed to make this time limit known to Wickes customers at the point of entry or booking.

This creates a trap for genuine customers, who have no way of avoiding a breach without knowing one exists. Such practices fall foul of the Consumer Protection from Unfair Trading Regulations 2008 and represent an unfair commercial practice.

 

3.5. The Defendant was not a trespasser or unauthorised user of the site, but a genuine customer of Wickes, engaged in a lengthy kitchen design consultation. This appointment was arranged and approved by the store, and any extended parking time was clearly linked to this legitimate business purpose. Accordingly, the Defendant asserts that no breach of contract occurred at all, and even if it had, no parking charge could be justified under such circumstances.

Points 4 to 30 have not been edited.

Should I add exhibits at this point? Also, should I wait before sending my defence?

Thanks so much!!!

Coupon-mad

Should I add exhibits at this point? Also, should I wait before sending my defence?

No and no.

And remove all of the detail. Far too wordy!  Keep it for WS stage. Just have paragraph 3 and 3.1 as your additions.

cAtn0nymous

Coupon-mad said:

Should I add exhibits at this point? Also, should I wait before sending my defence?

No and no.

And remove all of the detail. Far too wordy!  Keep it for WS stage. Just have paragraph 3 and 3.1 as your additions.

Thank you!

Ohhhh ok, that short then? What's WS?

Gr1pr

ws = Witness Statement,  you are witness number one,  it will be due in several months time 

Study the 5th and 2nd posts in the newbies sticky thread plus the 12 steps in the defence template thread,  both are in announcements near the top of the forum 

cAtn0nymous

Thank you! I will!

cAtn0nymous

Gr1pr said:

ws = Witness Statement,  you are witness number one,  it will be due in several months time 

Study the 5th and 2nd posts in the newbies sticky thread plus the 12 steps in the defence template thread,  both are in announcements near the top of the forum 

Ok, I have now sent the defence email. Will you be able to put a link to the "newbies sticky thread'. I see the 12 steps in the defence template but can't seem to locate the 5th and 2nd posts in the newbies sticky thread.

Thank you!

Coupon-mad

No we don't do that but my signature tells everyone how to hop there.

  

cAtn0nymous

So, I'm a bit confused... should I still complain to Wickes or now I just follow the steps after sending my defence?

cAtn0nymous

Also, should I see it here that they've received and reviewed the Defence email? I received confirmation by email right after sending it.

Car1980

cAtn0nymous said:

So, I'm a bit confused... should I still complain to Wickes or now I just follow the steps after sending my defence?

No harm in it. Make it a proper letter of disgust! You might get a nugget you could use in a witness statement, but I'm fully expecting your claim to be discontinued.

Coupon-mad

cAtn0nymous said:

Also, should I see it here that they've received and reviewed the Defence email? 

Well yes but weeks later!