Need Advice – Fighting UKCPM PCN at Rathbone Market (110 Barking Road)

Wizwacks

They reduced the full
amount, slightly. 

I refused. 

The mediator stressed that they have photographic evidence, when pressed on my questions he had no answer. 

Polite chap nonetheless. 

Ended with a potential timeline of 12 months before we meet in court. 

Wizwacks

So this came through. The claiment needs to "properly" complete the application in a manner requested by a cut of date. Is there a reason they have not done so already ?

Car1980

We need to see the dates you've scrubbed out.

Ignore that wording, it's on every order and never applies.

Wizwacks

4pm on the 11th September

Coupon-mad

"The claimant needs to "properly" complete the application in a manner requested by a cut off date."

No they don't. You've read completely the wrong thing and missed the important word 'or' in that sentence!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82075770#Comment_82075770

But you haven't told us the THREE deadlines on that Order. Two are on page one and are actual dates.

What are they and which is which?

The WS deadline is on page two. Does it state "not less than 14 days before…" for your WS and evidence?

Wizwacks

4pm on the 11th September = The cliament has untill this date to pay £27 or file a properly completed applicaiton (which provides all the required information int he manner requested) for help with the fees otheriwse the claim will be struck off with effect from the 11th Sepetembet without furter order…

The hearing of the claim in for 10am on the 9th of October

Each party must deliver to the other party copies of all docs on which that party intends to rely at the hearing no later then 4pm on the 3rd of August.

I am actually away till the 5th of August from next week, do I need to submit anything more then I already have done?

Coupon-mad

Of course you do. This is covered in the NEWBIES thread post 2.

Put in your WS and evidence this week. Someone has just posted one with a link to the CMA's news, so go read that one!

Wizwacks

Here is my draft. Would appreciate any feedback.

"

Below is a full redacted version you can copy and paste into the forum.

Draft Witness Statement and Provisional Exhibit List – UKCPM, Rathbone Market

I have now received my Notice of Allocation from Romford County Court.

My hearing is listed for 9 October 2026 and the court has ordered both parties to file and serve all documents they intend to rely on by 4pm on 3 August 2026.

I am away from 28 July to 5 August, so I need to complete and send everything before I travel.

Below is my current draft witness statement. Personal details and the claim number have been removed.

I would be grateful for comments on:

• the structure and wording;
• whether any paragraphs should be removed or strengthened;
• which legal authorities should be included;
• whether the proposed exhibit list is suitable;
• whether anything important is missing.

IN THE COUNTY COURT AT ROMFORD

Claim number: [REDACTED]

Between:

UK Car Park Management Limited
Claimant

-and-

[REDACTED]
Defendant

WITNESS STATEMENT OF THE DEFENDANT

1. I am the Defendant in this claim. I make this witness statement from matters within my own knowledge, except where otherwise stated.
2. I was the registered keeper and driver of the vehicle on the date of the alleged parking event.
3. The alleged parking event took place at Rathbone Market, London, on 4 May 2024.
4. The Claimant alleges that the vehicle breached terms described as “No Parking / No Stopping.”
5. I deny that a clear and enforceable parking contract was formed.

Background

1. On the day in question, I was attending a nearby community event for young Muslims at Eastlea Community School.
2. I was there with other fathers. Our children remained at the school attending their activities.
3. A few of the fathers, including me, briefly left the school to get coffee.
4. I drove to Rathbone Market and parked opposite the pizza shop.
5. I bought a coffee from the pizza shop and left shortly afterwards.
6. Some of the other fathers went to Chaiiwala, which was next to the pizza shop.
7. I cannot now remember the precise duration of the stop because the event took place more than two years ago.
8. The Claimant’s own contemporaneous photographs and records should show the times on which it relies.
9. There were other vehicles parked in the area.
10. I did not notice the UK Car Park Management sign before parking.
11. I also did not notice the Newham Council AS2 permit sign before parking.
12. I only became aware of the signs after receiving the parking charge.
13. At the time, I believed the area was controlled by Newham Council.
14. Nothing at the entrance, on the roadway or around the parking area made it clear to me that the particular location was privately controlled by UK Car Park Management.
15. When I returned to the vehicle, there was no parking notice attached to the windscreen.

Signage and site layout

1. The photographs show a Newham Council permit sign and a UK Car Park Management sign positioned close to one another.
2. The council sign refers to permit zone AS2.
3. The UK Car Park Management sign refers to permit holders and private parking restrictions.
4. The proximity of these signs creates uncertainty about which authority controls the parking area.
5. There were no clear boundary markings showing where Newham Council-controlled land ended and privately controlled land began.
6. There was no obvious barrier, entrance sign or road marking clearly informing a driver that they were entering land managed by UK Car Park Management.
7. A driver entering the area could reasonably understand the roadway and parking area to be under council control.
8. The signs were not presented in a way that clearly communicated a contractual offer before parking.
9. The photographs taken from a wider viewpoint show that the UK Car Park Management sign was not prominent from a driver’s normal approach.
10. The important terms were not displayed with sufficient prominence or clarity.
11. The £100 charge was not brought clearly to the driver’s attention before parking.
12. The signage in this case is materially different from the prominent sign considered by the Supreme Court in ParkingEye Ltd v Beavis.
13. In Beavis, the charge was displayed clearly and prominently.
14. In this case, the relevant signs were mixed with council signage and the boundary of the alleged private area was unclear.

No clear contractual offer

1. The Claimant’s case is based on an allegation of “No Parking / No Stopping.”
2. A sign prohibiting parking or stopping does not clearly offer parking on contractual terms to an unauthorised motorist.
3. If parking is forbidden, the wording is prohibitory rather than an offer to park in return for payment of a charge.
4. The Claimant is put to strict proof that the wording of its signs created a clear contractual offer capable of acceptance.
5. The Claimant is also put to strict proof that the signs relied upon were present, visible and in the same positions on the date of the alleged event.

Landowner authority

1. The Claimant is not the owner of Rathbone Market.
2. The Claimant is put to strict proof that it had authority from the landowner to:

a. operate at the precise location where the vehicle was photographed;
b. erect and maintain the signs;
c. issue parking charges; and
d. pursue unpaid charges through court proceedings.

1. Any landowner agreement should identify the exact boundaries of the land controlled by the Claimant.
2. This is especially important because council signage was present in the same area.

The amount claimed

1. The original parking charge appears to have been increased to £170 before court proceedings.
2. The Claimant later issued proceedings seeking the parking charge together with additional sums, court fees and legal costs.
3. I dispute the additional £70.
4. The Claimant is put to strict proof that this sum was actually incurred and is recoverable.
5. The additional amount appears to be a standard debt recovery sum rather than a genuine cost caused by this individual case.
6. The Claimant should not recover the same administrative or legal costs twice through both the parking charge and additional fixed sums.

Claim particulars

1. The claim particulars provide only limited detail about the alleged contractual terms.
2. They do not clearly identify:

a. the precise sign relied upon;
b. the exact contractual wording allegedly accepted;
c. the precise location and boundary of the controlled land;
d. the duration of the alleged parking or stopping; or
e. how the additional sum was calculated.

1. The lack of detail has made it difficult to understand the exact case being advanced.
2. The Claimant should be required to prove every element of its claim.

Conclusion

1. I stopped briefly to buy coffee while the children remained at a nearby community event.
2. I did not see any clear entrance sign or contractual warning before parking.
3. The presence of Newham Council and private parking signs in close proximity created confusion regarding control of the area.
4. The boundaries of the alleged private parking area were not clear.
5. The Claimant has not demonstrated that a clear contractual offer was communicated and accepted.
6. I respectfully request that the court dismiss the claim.
7. I also request my allowable costs for attending the hearing, subject to the court’s discretion.

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: [REDACTED]

Dated: ______________________

PROVISIONAL EXHIBIT SCHEDULE

This is only a provisional exhibit list for forum review. The final court bundle will contain the actual documents and photographs, with all working notes and placeholders removed.

WM1 – Claim form and particulars of claim

Claim form showing the incident date, Rathbone Market as the location, the alleged breach and the amount claimed.

WM2 – BW Legal Letter of Claim dated 1 May 2025

This confirms:

• contravention date: 4 May 2024;
• PCN issue date: 6 May 2024;
• location: Rathbone Market;
• alleged breach: No Parking / No Stopping;
• amount demanded: £170.

WM3 – Historic Google Street View image

Historic Street View image showing the entrance, approach and general layout of Rathbone Market. The Street View capture date will be visible.

WM4 – Wide view of the parking area

Photograph showing the parking area, surrounding businesses and the position where the vehicle was parked.

WM5 – Newham Council AS2 sign

Photograph showing the Newham Council permit-holder sign referring to zone AS2.

WM6 – UK Car Park Management sign

Photograph showing the UK Car Park Management permit-holder sign.

WM7 – Relative positions of both signs

Wide photograph showing the Newham Council sign and UK Car Park Management sign positioned close together, together with the absence of a clear boundary.

WM8 – Close-up of UK Car Park Management wording

Close-up photograph showing the wording, size of the text and prominence of the parking charge.

WM9 – Relevant correspondence

Relevant letters from UK Car Park Management and BW Legal where relied upon.

WM10 – Supporting authorities and extracts

A short authorities section, likely to include:

• relevant paragraphs from ParkingEye Ltd v Beavis;
• a copy of the Beavis sign for comparison;
• any relevant parking trade association Code of Practice wording;
• any other authority recommended after review.

I no longer have the original PCN. If the Claimant supplies the original PCN and timestamped enforcement photographs, these will be reviewed and included or addressed as appropriate.

I am particularly unsure about:

1. Whether I should keep the “forbidding sign” argument.
2. Whether the landowner authority section needs more detail.
3. Which current authorities should be added.
4. Whether the additional £70 section is worded correctly.
5. Whether I should include CEL v Chan or any other particulars-of-claim authorities.
6. Whether the witness statement is too long or repeats the Defence too much"

Le_Kirk

The most recent examples of witness statements are @JackR1 & @JPCN and you can use those to check if your format and style match. There is a list of exhibits in the NEWBIE sticky second post identified as a) to i) written by @Coupon-mad . Use that list to compare to yours. The main point of a witness statement is that it backs up and supports what you wrote in your defence. You should include Chan & Akande only IF you used those in your defence.