DCB legal ltd solicitors court claim letter

Wolfie1111

Problem is claim form doesn't state the breach so no idea how to process the WS

Coupon-mad

But your forum search is the simplest task ever! You are merely looking for WS with Chan and Akande. There were hundreds in 2025!

Le_Kirk

Wolfie1111 said:

Problem is claim form doesn't state the breach so no idea how to process the WS

Coupon-mad said:

But your forum search is the simplest task ever! You are merely looking for WS with Chan and Akande. There were hundreds in 2025!

....... and your defence would (hopefully) already cite Chan & Akande!

Wolfie1111

I have been reading forums here and so far I have no clue how start writing one. 
Thanks everyone for help

Gr1pr

Wolfie1111 said:

I have been reading forums here and so far I have no clue how start writing one. 

Thanks everyone for help

Neither have I,  but I would follow the advice here and look at a dozen examples over the last 18 months or so and adapt one that rings my bell, especially if its the same claimant and a similar case 

One thing I do know is that you must write one,  and nobody here will write it for you,  so you should get some research done ASAP 

Le_Kirk

Wolfie1111 said:

I have been reading forums here and so far I have no clue how start writing one. 
Thanks everyone for help

But you do because you have one here: -
https://forums.moneysavingexpert.com/discussion/6630201/dcb-legal-ltd-solicitors-court-claim-letter/p1
If you need another thread about a different issue, just click on the red + create new button,

Wolfie1111

1.       I am XXX, (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

I am the registered keeper of the motor vehicle registration xxx xxxxx

I was not the driver of the vehicle on xx xxx xx, the date of the alleged parking event.

This Witness Statement is made from my own knowledge and belief and is true to the best of my information.

2. Driver identity and keeper position

The Claimant has produced no evidence identifying the driver of the vehicle.

I have never admitted to being the driver, and there is no legal presumption that a registered keeper was the driver.

Liability is denied in the absence of proof of driver identity or strict compliance with statute.

3. Protection of Freedoms Act 2012 (POFA)

The Claimant purports to rely on Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) to pursue me as keeper.

The Claimant has not demonstrated compliance with the mandatory requirements of POFA, including but not limited to the provisions at paragraphs 4 and 9.

In the absence of such compliance, keeper liability does not arise.

In any event, even if (which is denied) the Claimant were able to demonstrate POFA compliance, paragraph 4(5) of Schedule 4 expressly limits any recovery from a keeper to the amount of the unpaid parking charge as stated on the Notice to Driver.

The additional sums claimed are therefore statutorily unrecoverable, being neither unpaid parking charges nor sums specified on any signage.

4. Vague and defective Particulars of Claim

The Particulars of Claim fail to comply with CPR 16.4 and Practice Direction 16, paragraphs 7.3–7.5.

The Claimant has failed to plead material facts, including:

a. the precise contractual term allegedly breached;

b. the manner in which the breach is said to have occurred;

c. the conduct relied upon to give rise to the charge.

The wording “Vehicle Remained On Private Property In Breach Of The Prominently Displayed Terms And Conditions” is generic, vague, and legally insufficient.

I rely on the persuasive appeal authorities of Civil Enforcement Limited v Chan (HHJ Murch, 15 August 2023) and Car Park Management Services Ltd v Akande (HHJ Evans, 10 May 2024). In both cases, the court held that private parking claims pleaded in generic terms, without clearly setting out the conduct relied upon or the contractual terms allegedly breached, fail to comply with CPR 16.4 and Practice Direction 16 and are liable to be struck out pursuant to CPR 3.4. The Particulars of Claim in this matter suffer from the same defects.

5. No evidence of a lawful contract

I deny that any lawful or enforceable contract was formed with the driver.

The Claimant has failed to demonstrate that the signage at the location was:

a. sufficiently prominent;

b. legible from a moving vehicle;

c. capable of forming contractual terms.

In Vine v London Borough of Waltham Forest [2000] EWCA Civ 106, the Court of Appeal confirmed that a driver cannot be bound by terms that were not adequately brought to their attention.

6. Consumer Rights Act 2015 – fairness and transparency

Pursuant to section 71 of the Consumer Rights Act 2015, the Court has a mandatory duty to assess the fairness and transparency of consumer terms and notices.

Given the lack of clarity, prominence, and evidence of fair and open dealing, any term relied upon by the Claimant is unfair within the meaning of sections 62 and Schedule 2 of the Act and is therefore unenforceable.

7. Landowner authority and standing

DVLA keeper data is supplied only on the basis of prior written landowner authority.

The Claimant is put to strict proof of its standing to bring this claim, including production of a contemporaneous, unredacted contract with the landowner showing authority to issue parking charges and to litigate in its own name, together with the site boundary and dates of authority.

8. Unlawful added costs – abuse of process

The Claimant seeks to recover an additional £50 described as “legal representative’s costs”.

Such costs are not recoverable on the Small Claims Track pursuant to CPR 27.14.

In ParkingEye Ltd v Beavis [2015] UKSC 67, the Supreme Court confirmed that the parking charge itself already includes the costs of operating the parking scheme.

In ParkingEye v Somerfield Stores [2011] EWHC 4023 (QB), the High Court held that inflated administrative costs are penal and unrecoverable.

The additional sums claimed represent double recovery and constitute an abuse of process.

9. Conclusion

I was not the driver, and the Claimant has failed to prove driver identity.

The Claimant has not established keeper liability under POFA 2012 and, in any event, seeks sums expressly prohibited by statute.

The claim is vague, unsupported by evidence, and discloses no proper cause of action.

I respectfully invite the Court to dismiss the claim in its entirety.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signed: ___________________________

Name: [Your full name]

Date: [date]

Wolfie1111

Hi all, is this WS  any acceptable 

Le_Kirk

That statement of truth is old and out of date that leads me to think that the WS is an old one.

Wolfie1111

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.