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DCB Legal pursuing through County Court
Comments
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I gave you one thread to copy and adapt. None of what is in it will clash with a fairly decent defence of any description.
You can use it all. It's only the facts (your story) that will differ from the linked one.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
I would love some thoughts on my witness statement, if possible. I know the numbering is off, due to the formatting here, it is correct in my document though, so please ignore.
IN THE COUNTY COURT AT [Redacted]
Claim No: [Redacted]BETWEEN:
PARKINGEYE LTD
Claimant- and -
[Redacted]
DefendantWITNESS STATEMENT OF [Redacted], DEFENDANT
I, [Redacted], of [Redacted], make this statement in support of my Defence in this matter. I am the registered keeper of the vehicle with registration number [Redacted]. The facts stated in this statement are true to the best of my knowledge and belief and are based on my own direct experience unless otherwise stated.
Background of the Alleged Parking Charge
- On 10 May 2022, I received a parking charge notice of £100 from the Claimant, Parkingeye Ltd, for parking at [Redacted]. I was a guest at the hotel at the time.
- On 15 May 2022, I sent a formal rebuttal letter to Parkingeye Ltd, disputing the charge and requesting clarification of their legal authority to bring a claim. I asked them to provide evidence including:
- Any contract with the landowner
- Proof of assignment or authority to enforce charges
- Explanation of the basis of the charge
- Despite my repeated requests, the Claimant and their solicitor have not provided sufficient documentation showing they own the land or have authority to bring this claim.
Defence Summary
- My Defence, as submitted to the court in my Defence and Counterclaim, is summarised as follows:
- I admit to being the vehicle’s registered keeper and parking at the hotel, but deny that Parkingeye Ltd entered into a contract with me. Any contract requires offer and acceptance, which is not present. Parkingeye Ltd was contracted by the landowner to manage the car park and cannot contract with me directly. The proper Claimant is the landowner.
- If a contract exists, the parking charge is unenforceable as a penalty, because it is disproportionate, bears no relation to any genuine loss, and applies even to legitimate use by hotel guests.
- Alternatively, the charge is an unfair term under consumer law, creating a significant imbalance in the parties’ rights.
- The Claimant is therefore not entitled to any relief.
Engagement and Harassment
- Between 2022 and 2025, I repeatedly engaged with the Claimant and DCB Legal in writing, requesting proof of their authority, contracts, ANPR calibration, and itemised costs. This included:
- Rebuttal letter dated 15.05.2022 (marked D1), sent three times:
- 18.05.2022 (proof of postage marked D1.1),
- 01.09.2022 (proof of postage marked D1.2)
- 01.11.2022 (proof of postage marked D1.3)
- Pre-Action Protocol letter (13 March 2025) (marked D2)
- Proof of postage missing
- Pre-Action Protocol letter (13.03.2025) (marked D3, proof of postage marked D3.1)
- CPR 31.14 letter (24 March 2025) (marked D4, proof of postage marked D4.1)
- Following receipt of the Claim Form from the Civil National Business Centre, DCB Legal began making repeated settlement calls.
- Despite my blocking the numbers, the calls are continuing.
- This causes me significant stress and pressure and I contend that it amounts to harassment.
- I also received a large volume of letters and reminders from DCB Legal over the years. I did not respond to every letter, all of my responses are noted above. Letters received, which can be provided on request, include:
- 24.10.2022: Notice of Debt Recovery
- 14.11.2022: Final Reminder – Unpaid Parking Charge
- 13.12.2022: Final Notice of Debt Recovery
- 09.01.2023: Notice of Intended Legal Action
- 07.12.2023: Notice of Debt Recovery
- Decmeber 2023: Final Reminder
- 23.02.2024: Notice of Intended Legal Action
- 07.11.2024: Notice of Debt Recovery
- 27.11.2024: Final Reminder – Unpaid Parking Charge
- 30.12.2024: Final Notice of Debt Recovery
- 24.01.2025: Notice of Intended Legal Action
- 14.02.2025: Letter of Claim
Claim Amount and Double Recovery
- The Claimant is claiming £100 for the parking charge, plus an additional £70 in costs.
- As demonstrated in Civil Enforcement Ltd v Chan [2023] (as noted in context 1.1.5) and the Supreme Court judgment in ParkingEye Ltd v Beavis [2015] UKSC 67, parking charges already incorporate the operator’s business costs. The additional £70 represents an unenforceable penalty and is a clear attempt at double recovery.
Conclusion
- In summary:
- I have disputed the parking charge from the outset.
- I have repeatedly requested proof of the Claimant’s authority.
- The Claimant has failed to produce evidence of legal standing.
- The additional costs claimed are unenforceable.
- The repeated letters and phone calls from DCB Legal constitute harassment.
- For these reasons, I respectfully request that the Claimant’s claim be dismissed in its entirety.
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: _______________________
Date: 26 January 20260 -
Yes, and it was very helpful, too. I just responded to the other comments, not because I wasn't using your advice. I've put together my witness statement, though when I pasted it above, it came out weird. Hopefully you can still see it in full. I appreciate that you (and others) cannot and do not give legal advice, obviously. I'd just like to make sure that I am not getting something blatantly obvious wrong.
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I have two more questions, if I may:
- The instructions from the court do not detail how the WS has to be sent. Should this be by post or can it be emailed?
- I wanted to highlight the number of letters I have received, including multiple "final" notices and threats of court action. However, I just read in the instructions that EVERY document mentioned should be attached in copy. Is it sufficient, as I do in my statement, to say I can supply these later on or should I rephrase to just mention x many were received without mentioning each one?
Thanks so much.
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Your WS refers to a counterclaim.
Did you actually pay for one and claim damages as a remedy? If yes, remind us what your counterclaim said because your WS needs a separate piece about that if you are a Part 20 Counterclaimant.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
- That is your choice to make, which is why they didn't add details, email is preferred, but keep your WS pdf bundle to under 50 pages
- You should include every exhibit that you are relying on added to your Witness Statement, not to be submitted later
Most defendants are not counter claiming
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The Claimant is claiming £100 for the parking charge, plusan additional £70 in costs.
- As demonstrated in Civil Enforcement Ltd v Chan [2023] (as noted in context 1.1.5) and the Supreme Court judgment in ParkingEye Ltd v Beavis [2015] UKSC 67,
parking chargesalready incorporate the operator’s business costs. The additional £70 represents anunenforceable penaltyand is a clear attempt atdouble recovery.
Are you sure that the Chan case is relevant in this context?
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I am not making a counterclaim. I am referring to the document that is called "Defence and Counterclaim" in which I submitted my defence.
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A google search returned that case in reference to the additional cost. I will take it out and refer only to the Beavis case.
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"DCB Legal are still calling me regularly from ever changing phone numbers as I block every number they call me from. In any other circumstance, this would be considered harassment."
can i ask how they got your phone number? did you give it to the parking co in your initial appeal or do they get it from the court?
0
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