DCB LEGAL, SMART PARKING, court claim, defended, at WS stage

1505grandad

https://forums.moneysavingexpert.com/discussion/comment/82020469#Comment_82020469

Also see paras 38 and 45 incorrectly stating re defective PoC

Stockport128

Thanks for highlighting this.

Should I take Paragraph 38 and 45 out all together?

https://forums.moneysavingexpert.com/discussion/comment/82020503#Comment_82020503

Gr1pr

You should fact check it all and remove incorrect statements, seeing as you are going to sign it under a statement of truth

Stockport128

As you can tell I really struggle with this kind of stuff, and have been trying to look through various cases/statements that look like mine but get even more confused with the language etc.

Will try again.

Thanks for your help

Coupon-mad

the Litigant‑in‑Person rate of £19/hour.

Nope, it is now £24 per hour (since 2025).

Stockport128

I tried a more slimmed down version for my own good. Any feedback to add, dismiss or bin would be appreciated.

Thanks

Witness Statement

Defendant Name

Claim No:

1.1 I, (defendant name), of [defendant address], I am the Defendant in this matter. The facts below are true to the best of my belief and this account has been prepared based upon my own knowledge.
1.2 I am a litigant in person with no formal legal training. I have done my best to present my evidence clearly, and I respectfully ask the court to take this into account.
1.3 I note for the Court that, at the time of writing, I have yet to receive the Claimant’s Witness Statement.

1 Facts and Sequence of Events
1.1 I was the registered keeper but not the driver of the vehicle on the date of the alleged incident.
1.2 On the date of the alleged incident I was in work, and due to the elapsed time of the incident I have no recollection of any events.
1.3. All earlier NTKs were sent to the wrong address.Which I believe stopped me having the right to Appeal or to Dispute the Charge.
1.4. My first communication with the claimant was the Letter Of Claim that was finally delivered to the correct address on 21/10/2025. Which I duly replied to.

2.Response To The Alleged Breach
2.1 The defendant denies the allegation in Paragraph 3 of the POC concerning “Overstayed free time”
2.2 In ParkingEye Ltd v Beavis [2015] UKSC 67, the Supreme Court held that "adequate notice" of terms is essential.
2.3 During my own investigations of the car park in question, it seems to show a lot of confusion and frustration with the parking rules from the public and Members alike. (Exhibit 1).
2.5 Since the PCN was issued, the location has been "plastered" with much newer larger signs (Exhibit 2). This retrospective change (Exhibit3) is a clear admission by the Claimant that the original signs and rules were inadequate and hard to follow.  
2.6 This retrospective increase in signage confirms the previous signage was insufficient to form a contract.

Do I put anything in here about not being the driver? Any law cases I might be able to add?

3.Unlawful Inflation and Abuse of Process

3.1The Claimant seeks £170 for the PCN plus fees . Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 (POFA) limits keeper liability to the amount of the unpaid parking charge only.
3.2 Regarding the "added on debt fees”, I rely on the judgment of HHJ Moloney QC in the initial Beavis hearing . HHJ Moloney held that the parking charge itself was intended to cover the costs of the automated letter-chain and generate a profit.
3.3 The addition of arbitrary "debt fees" is an attempt at double recovery. I rely on ParkingEye v Somerfield Stores [2011] EWHC 4023(QB), where HHJ Hegarty held that inflating a PCN with admin costs "would appear to be penal".  

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.  

I don’t know if I’m allowed to add social comments about the parking issues?

Exhibits- 1 Parking Issues/Problems

Exhibits-2 New Signage.

Exhibit 3- Owner of Gym saying new signs are being made.

Expenses

SCHEDULE OF LOSSES
Travel Expenses
1. Attending the Hearing at County Court (116 miles total)
116 miles x £0.45 per mile = £52.20


Subtotal: £52.20


Litigant in Person Costs (CPR 27.14(2)(g) – If Awarded)
I estimate that I have spent a minimum of 12 hours preparing my defence, researching the relevant law, compiling exhibits, and drafting this witness statement.
If the Court finds the Claimant has behaved unreasonably under CPR 27.14(2)(g), I respectfully seek the Litigant‑in‑Person rate of £24hour.


12 hours preparation x £24/hour = £288


TOTAL (excluding LiP costs):£52.20

TOTAL (including LiP costs): £340.20

Sign..

Date..

Le_Kirk

1.2 On the date of the alleged incident I was in at work in [Town_Name], and due to the elapsed time of the incident I have no recollection of any events.

Maybe adjust as shown. Is it wise to claim you have no recollection of events if you have also stated that you were at work, so clearly have some recollectioon?

Stockport128

• Yes that makes sense. Thank you

Coupon-mad

Signage pictures will need date metadata.

Do I put anything in here about not being the driver?

Of course! It's the winning point!

Any law cases I might be able to add?

Yes. Edward and Smith (two cases). See the WS by @JackR1

Stockport128

Thank you, I will take a look this evening