Help with Court Claim

BMW_Mad17

@Le_Kirk Yeah I’ve took snippets from here and there and Probz made a mistake. I’ll use the template and just add Section 3 of this to the template. 

1505grandad

The claim form does not include "Limited" in the claimant box  -  presumably the parking contract is with the company with Company number 13577968

Coupon-mad

BMW_Mad17 said:

@Le_Kirk Yeah I’ve took snippets from here and there and Probz made a mistake. I’ll use the template and just add Section 3 of this to the template. 

Just use the template for Moorside cases. Don't add stuff or re-write anything.

BMW_Mad17

@Coupon-mad

Do you have a direct link to that template for the moorside cases please?  

Coupon-mad

No but the template defence thread does.

BMW_Mad17

@Coupon-mad

I’ve submitted the defence, we shall see what happens. I’ll keep yous posted. 

Thanks for guidance peeps. 

Gr1pr

The 8 steps explain what happens 

BMW_Mad17

Just a quick question regarding this, is it normal not to get any response after a defence was submitted?

Gr1pr

Its irrelevant,  just worry about making sure that you have done your part,  let the opposition worry about their participation or failures

BMW_Mad17

hi everyone, after some time the case has now proceeded to a court hearing. I have written out the my WS and would love to get some feedback if I need to change anything.

WITNESS STATEMENT OF DEFENDANT 

Introduction

1. I am Mr XX of XX, XXX XXX, 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. 

1.1 I’m a litigant in person with no formal legal training. I’ve done my best to present my evidence clearly, and I respectfully ask the court to take this into account.I dispute the entirety of the 

1.2 I note for the Court that I have yet to receive the Claimant’s Witness Statement.

1.3 In my statement, I shall refer to (Exhibits XX-WA) within the evidence supplied with this statement, referring to page and reference numbers where appropriate.

Preliminary Matter: The Claim should be Struck Out

2.The Defendant draws to the attention of the allocating Judge that there are two very recent and persuasive Appeal judgments to support dismissing or striking out the claim (and the first is about this same Claimant).  I believe that dismissing this meritless claim is the correct course, with the Overriding Objective in mind.  Bulk litigators should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, private parking firms should not be surprised when courts strike out their claims using powers pursuant to CPR 3.4., based in the following persuasive authorities.

3. The first recent persuasive appeal judgment in Civil Enforcement Limited v Chan (Ref. E7GM9W44) would indicate the POCs fail to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15 August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. (See Exhibit WA -01)

4. The second recent persuasive appeal judgment in Car Park Management Service Ltd v Akande (Ref. K0DP5J30) would also indicate the POCs fail to comply with Part 16. On 10 May 2024, in the cited case, HHJ Evans held that 'Particulars of Claim have to set out the basic facts upon which a party relies in order to prove his or her claim'. (See Exhibit WA -02)

4.1 Exhibit WA -01) https://www.dropbox.com/scl/fi/k6y9ppghkyxb9iclg23bz/Chan_Only.pdf?rlkey=knsu8d3g0w42gb3xiz6ocjfsj&dl=0

4.2 (Exhibit WA -02) https://www.dropbox.com/scl/fi/2jef4c7bljyp6dse24p70/Judgments.pdf?rlkey=jsgusx180wzjz2f6er0436xw2&st=y2it5nch&dl=0

Facts and Sequence of Events

5. The Defendant denies that the vehicle was parked in the multi-storey car park known as “St Ann’s Sandgate MSCP”.

6. The Defendant observes that in a claim alleging breach of contract, the lack of statement of what that conduct was, what the terms were, what the breach was, and where the alleged conduct took place (Incorrect parking location was given) means the claim must be struck out. 

7. Visibility at the location was extremely poor due to darkness, and no signage was visible at the time of parking. The Parking Charge Notice images themselves demonstrate the inadequate lighting and fail to clearly show the location or any readable signs, meaning no reasonable notice of any terms was given and therefore no contract could have been formed. (Exhibit WA -03)

Amount claimed and added sums

8. The Claimant is seeking £170 per PCN, which includes "damages.” In accordance with the Supreme Court in ParkingEye Ltd v Beavis [2015] UKSC 67, the £100 industry cap is intended to cover all operating costs. Regarding the added £70 fee for the PCN, I rely on the judgment of HHJ Moloney QC in the initial Beavis hearing, who held that the parking charge itself was intended to cover the costs of the automated letter-chain and generate a profit. Adding £70 per ticket is an attempt at "double recovery" and an abuse of the court process. As held in ParkingEye v Somerfield Stores [2011] EWHC 4023(QB), inflating a parking charge with ‘admin costs’ appears penal. Since the Claimant has provided no breakdown of costs or an explanation of how this sum had been calculated, it can only be viewed as a punitive charge for the Defendant, which is contrary to established legal principles that prohibit excessive and unfair contractual penalties.

9. Pursuant to Schedule 4 of the POFA 2012, the claim exceeds the maximum sum and is unrecoverable, see Explanatory Note 221: “The creditor may not make a claim against the keeper for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).” Late fees (unknown to drivers and not specified on signs) are not 'unpaid parking related charges,’ they are the invention of 'no win no fee' DRAs. Even in the (unlikely) event that the Claimant complied with the POFA and Code of Practice, there is no keeper liability law for DRA fees.

10, The Claimant has added in an “interest rate” which is clearly an attempt to seek more funds from the Defendant.

Conclusion

11. I respectfully request the Court dismiss the claim on the grounds of incorrect parking location, Poor signage visibility & Particulars of claim must state the exact term of the contract that you breached.

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.