Help need with claim defense urgent.

wdz

I tried to park van in euro car park when I enter there was no space at the ground level, so I tried to go one level down but again it was very congested and there no reasonable space to park van, so I decided to move out. When I tried to up to take exit the van got stuck because of very narrow exit bay. It became very tense situation and people horn me. After some time, I manage to take the van out finally and exit the car park. 
I did not pay as because I did not park the car due to no space available. But after 3 day I email them and inform them about situation, and they replied that they cannot help me and issue PCN after few days. I appeal the PCN they rejected it and then I appeal again asking them to consider the situation and look for situation, but they rejected with same generic reply not even change the reply. 
In short, they handover to the debt collector and few letter from them asking for £170 or will take me the court. So, I now got county court letter.
I have decided to go the court. I have prepared my defence. Can somebody help me with the defence template if its fine. 

Also 

1.        what are the chances I can win this.? or should I pay the current fee which £260 now.

2.        Should I include the claim expense like fuel and time and frustration in my defence etc.

 

My denfence. 

DEFENCE

1. Introduction

The Defendant denies liability for the claim made by the Claimant.

 

2. Facts

2.1 On 29 July 2024, the Defendant entered the Claimant’s private car park intending to find a parking space.

2.2 There were no available spaces on the ground floor.

2.3 The Defendant proceeded one level down but again found no available or suitable spaces for the van.

2.4 The Defendant decided not to park and to leave immediately.

2.5 While exiting, the Defendant’s van became stuck in a narrow exit corridor, causing an unavoidable delay.

2.6 The Defendant did not park at any point, did not accept any parking contract, and did not breach any terms or conditions.

 

3. Evidence

3.1 The Defendant has a bank statement showing payment for parking at a nearby council car park shortly after leaving the Claimant’s premises.

3.2 The Defendant has an eyewitness who can confirm the events as described.

3.3 On 3 August 2024, the Defendant notified the Claimant by email explaining the situation and that no parking took place.

3.5 The Defendant submitted two formal appeals against the Parking Charge Notice, providing clear explanations that the van was never parked.

3.6 The Claimant responded only with repeated identical messages insisting payment was due, referencing generic signage and terms without addressing the Defendant’s evidence or explanation.

3.7 This failure to properly consider the Defendant’s appeals and evidence is unreasonable and demonstrates a lack of good faith on the Claimant’s part.

 

 

4. Legal Points

4.1 A parking contract only arises if the driver parks and accepts the terms displayed.

4.2 Since the Defendant did not park, no contract was formed and no charges are due.

4.3 The delay caused by the van being stuck in the narrow exit is not “parking” or a breach of contract.

4.4 The signage at the car park does not display any information about a grace period or allowed time to exit before payment is required, which is essential for a fair contract to exist.

 

5. Conclusion

The Defendant respectfully requests the court dismiss the claim against them.

 

Statement of Truth

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

 

Signed: _____________________                                                                                

Gr1pr

Bin that defence above,  it's years out of date,  as shown by the incorrect statement of truth 

Adapt the template defence by coupon mad in announcements near the top of the forum 

1a)  nobody can predict what will happen,  just follow the process 

1b) definitely do not pay £260 , a loss in court could be around  £200, saving you money 

2) Save expenses etc for your Costs Assessment order to be submitted with your own Witness Statement plus Exhibits bundle in several months time,  probably next year 

Presumably its ECP via DCB LEGAL   

Post the Issue date from the top right of the claim form below,  also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

Coupon-mad

Use the Template Defence. Top of the forum.

wdz

Hi,

Thank you all for patience  and reply. I am looking for template there one template I found but I have not clue what to remove and replace. 

Can you anyone help me please. 

Also please find the attached claim form.

Gr1pr

ECP,  DCB Legal court claim,  issue date 6th August,  one pcn , no valid payment/ permit was purchased,  £268.76

Login to MCOL and complete the AOS online on MCOL ASAP as explained in the newbies sticky thread in announcements near the top of the forum by coupon mad 

Study the defence template thread,  first 2 posts,  you adapt paragraphs 2 & 3 in that 10 point template 

wdz

Coupon-mad said:

Use the Template Defence. Top of the forum. 

I tried to edit it for my case. Can you please look through my claim notice and see if this will work for me 

Kind regards

wd

 

 WITNESS STATEMENT OF DEFENDANT 

 

1.    I am xxx of (Address), and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.


2.    In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated, and I will say as follows:

 

Facts and sequence of events

 

3.1 On 29 July 2024, the Defendant entered the Claimant’s private car park intending to find a parking space.

3.2 There were no available spaces on the ground floor.

3.3 The Defendant proceeded one level down but again found no available or suitable spaces for the van.

3.4 The Defendant decided not to park and to leave immediately.

3.5 While exiting, the Defendant’s van became stuck in an extremely narrow exit corridor. The exit route from the underground level was confined and poorly designed for larger vehicles, which caused unavoidable delay in leaving the premises. The delay was entirely due to the physical layout of the car park and not because of any intention to park or use the facilities. Other vehicles queued behind, adding to the difficulty in manoeuvring safely out of the site.

3.6 The Defendant did not park at any point, did not accept any parking contract, and did not breach any terms or conditions.

 

4.1 The Defendant has a bank statement showing payment for parking at a nearby council car park shortly after leaving the Claimant’s premises.

4.2 The Defendant has an eyewitness who can confirm the events as described.

4.3 On 3 August 2024, the Defendant notified the Claimant by email explaining the situation and that no parking took place.

4.4 The Defendant submitted two formal appeals against the Parking Charge Notice, providing clear explanations that the van was never parked.

4.5 The Claimant responded only with repeated identical messages insisting payment was due, referencing generic signage and terms without addressing the Defendant’s evidence or explanation.

4.6 This failure to properly consider the Defendant’s appeals and evidence is unreasonable and demonstrates a lack of good faith on the Claimant’s part.

 

Conclusion

 

32. The claim is entirely without merit. The Defendant believes that it is in the public interest that claims like this should be struck out because knowingly enhanced parking claims like this one cause consumer harm on a grand scale.


33. There is now ample evidence to support the view - long held by many District Judges - that these are knowingly exaggerated claims. The July 2023 DLUHC IA analysis surely makes that clear because it is now a matter of record that the industry has told the Government that 'debt recovery' costs eight times less than they have been claiming in almost every case.


34. In the matter of costs, the Defendant asks:

 

a)             at the very least, for standard witness costs for attendance at Court, pursuant to CPR 27.14,

and


b)             for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5.

 

35. Attention is drawn specifically to the (often-seen) distinct possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."

 

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.

 

Defendant’s signature:

 Date:

Gr1pr

If you read what you just posted , it's a Witness statement,  not needed for several months,  probably sometime next year in 2026

You are adapting the DEFENCE template from the second post in the DEFENCE template thread at the top of the forum,  second thread from the top

Have you logged into MCOL and completed the AOS stage yet   ?  That is your first task

wdz

Hi ,

Thanks i am in MCOL now for AOS and there is option saying 
"
Contest Jurisdiction

You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction 
"
Should chick this box?

Thanks 

Also please if there are link shared direct to the templates and post it would be better. I am kind in panic and cant read and find the post. Hope everywill understand.

Thank you all

Gr1pr

Follow the advice in the newbies sticky thread in announcements near the top of the forum,  second post,  about filling in the AOS on MCOL . I doubt that you can contest jurisdiction,  if you can , then explain 

No need to panic, just follow the process and instructions,  take a chill pill

Coupon-mad

wdz said:

Hi ,

Thanks i am in MCOL now for AOS and there is option saying 
"
Contest Jurisdiction

You can choose to contest jurisdiction of the claim made against you.

I intend to contest jurisdiction 
"
Should check this box?

No. You do not tick that.

Use the Template Defence.

You can find it and newbies don't need a third link. There are already 2 links to page one on this page (on any page).

See my signature for where to click :