Witness Statement Requested but No Hearing Date - Small Claims

ApplePear

Received a General Form of Judgment/Order for a parking claim. The case has been allocated to the small claims track, but no hearing date has been given yet. The order instructs me to file and serve a witness statement by a 7th April.

Unclear whether this is standard procedure or if anything is missing. Expected a hearing date alongside directions, but instead only have instructions to prepare evidence.

Is this just the normal sequence where witness statements are exchanged before the hearing is listed, or should there already be a scheduled date at this stage? I read through the newbies thread and couldn't find this process mentioned. Please advise me what to do next. Thank you all.

Coupon-mad

Show us the Order please. Have both parties got the same deadline?

ApplePear

Hi please see attached

Car1980

"On a which will be sent to you separately"

Deviations from the usual are often from judges who know their game.

Who is the Claimant? Is it a DCB Legal one?

Coupon-mad

I like the way this court has used ordinary words 'you must' rather than Claimant / Defendant which confuses some people.

"You must" is very clear and less likely to be missed by the recipient.

ApplePear

Its UK Car Park Management Limited. I cant find the letters from their legal rep. So do I prep a WS and send that through? I guess i do need to find out soon who the legal rep is to send them a copy

Gr1pr

Check your N1SDT claim form for their legals, possibly Gladstones ?

Check the email address used for the N180 stage too, 1 email, 2 destinations

Edit

Its B W LEGAL in the following thread about UKCPM ( despite the incorrect thread title )

https://forums.moneysavingexpert.com/discussion/6661471/ws-vs-dcb-legal-for-ukcpm

ApplePear

https://forums.moneysavingexpert.com/discussion/comment/81939665#Comment_81939665

Thanks. It is BW Legal

ApplePear

My defense is that someone else parked in my bay and i had to park on the yellow line. This is a private road for residents. Just in case anyone asks, heres what i wrote as my defence in MCOL

DEFENCE

1. The Defendant denies liability for the entirety of the claim.
   The Claimant is a third-party parking company who has no legal
   standing to pursue this matter against the Defendant, who holds a
   superior legal interest in the land by way of tenancy.
2. The Defendant resides at the location in question and rents the
   property from One Housing, the landowner. As part of the tenancy,
   the Defendant is entitled to use Bay 7, an allocated parking
   space. A valid parking permit is held by the Defendant and was
   displayed in the vehicle at the time of the alleged incident.
3. On the material date, the Defendant’s allocated bay (Bay 7) was
   unlawfully occupied by another vehicle, over which the Defendant
   had no control. Faced with no available alternative and needing to
   park at their own home, the Defendant parked in a nearby vacant
   bay within the same residential car park.
4. The Claimant is put to strict proof of:
   Their legal standing to bring a claim (including evidence of a
   contract with the landowner, One Housing);

• That a contract was formed between the Claimant and the
  Defendant in these circumstances;
• That the signage at the location was adequate, prominent, and
  clearly communicated any charge for parking in a non-designated
  bay, even where one's own bay is obstructed.
• ……………..(the usual stuff added after)……….

Coupon-mad

Ok, so you must do a WS and exhibits. See the second post of the NEWBIES thread.

ApplePear

Hi, what other exhibits can i include in my case? Many thanks in advance of reviewing this.

IN THE COUNTY COURT
Claim No.: xxx

Between:
UK Car Park Management Limited (Claimant)
-and-
xxxx (Defendant)

WITNESS STATEMENT OF ABDUL HASSAN

I, NAME & MY ADDRESS, am the Defendant in this matter. I make this witness statement in support of my Defence and in opposition to the Claimant's claim. The facts stated in this witness statement are within my own knowledge and are true.

Preliminary Note

1. I note that my Defence incorrectly refers throughout to Bay 7. The correct bay number allocated to me is Bay 8. I apologise for that typographical error and confirm that all references in this witness statement to Bay 8 reflect the true position.

Background

1. I am a tenant at XXXX, which I rent from XXX Housing Association, the registered landowner of the site and surrounding residential car park.
2. As a resident, I am required to apply annually for a parking permit via the Claimant's website in order to use an allocated bay within the car park. However, the Claimant does not determine whether applications are approved. On submitting an application, the Claimant sends it to XXX Housing for review, and XXX Housing decides whether to approve or reject it. The Claimant is merely an administrator in this process; the approval authority rests entirely with the landowner.
3. On 3rd April 2024, I submitted an application for a permit for Bay 8 via the Claimant's website. I received an email from the Claimant the same day acknowledging my application and stating, in terms: "we have now sent off your application for approval." I refer to Exhibit AH-1, which is a copy of that email, together with the application details appended to it, which confirm my name, address, vehicle registration, and a requested permit duration of 12 months.
4. My application was subsequently approved by XXX Housing. I received a further email from the Claimant confirming that my application had been successful and providing a payment link and unique code for me to pay for the permit. I refer to Exhibit AH-2, which is a copy of that approval and payment email.
5. I made payment to the Claimant for the permit as directed. I refer to Exhibit AH-3, which is proof of that payment. A permit was issued to me for Bay 8, valid for 12 months from the date of issue, covering 15th July 2024. I refer to Exhibit AH-4, which is a photograph of that permit, obtained from the Claimant pursuant to a Subject Access Request.

The Significance of XXX Housing's Approval

1. It is my submission that the sequence of events described above is of central importance to this claim. The Claimant's own email of 3rd April 2024 expressly acknowledges that approval authority rests with XXX Housing, not the Claimant. The Claimant forwarded my application to XXX Housing, and XXX Housing approved it. It was only following that landowner approval that the Claimant confirmed my application was successful and invited me to pay.
2. The Claimant therefore acts on this site as an agent of XXX Housing, with authority derived entirely from the landowner. XXX Housing approved my right to park at this location. The Claimant cannot rationally or lawfully pursue a parking charge against a resident whose presence in the car park was sanctioned by the very party on whose authority the Claimant operates. To do so is to act contrary to and in excess of the authority granted to it by its own client.
3. I put the Claimant to strict proof of the full terms of its management agreement with XXX Housing, and specifically whether that agreement authorises the Claimant to pursue county court proceedings against residents who hold valid, landowner-approved permits.

Events of 15th July 2024

1. On 15th July 2024 at approximately 18:00, I returned home to find that Bay 8 — my allocated bay — was occupied by another vehicle which was not my own and over which I had no control. I was unable to park in my own bay.
2. The car park forms part of the residential estate owned by XXX Housing. The bays are marked along a private road within the estate. Faced with my bay being blocked, I parked my vehicle on the road adjacent to Bay 8, within the same private residential area, in a position that caused no obstruction or inconvenience to any other resident or vehicle.
3. My valid parking permit was displayed in the vehicle at the time. I was not seeking to evade any parking condition. I was a permitted resident, unable to access my own bay through no fault of my own, who parked in the nearest available space within the same private residential area.

No Enforceable Contract

1. I do not accept that any contract was formed between myself and the Claimant on the material date. The Claimant is put to strict proof that it has standing to bring this claim, including evidence of a valid and subsisting contract with XXX Housing authorising it to pursue proceedings against residents.
2. I refer to Exhibit AH-5, which is a photograph of the parking conditions sign at the location. I note that this photograph was taken on 15th July 2024 at 18:34 — the Claimant's own records therefore show that one of their enforcement officers was physically present at the site just five minutes before the alleged contravention at 18:39. I would invite the Court to consider whether that officer observed Bay 8 to be blocked by a third party vehicle at that time, and if so, why no action was taken in respect of that vehicle.
3. The sign states two things relevant to my situation: first, that a bay-allocated permit holder must park in their corresponding bay; and second, that no parking is permitted on roadways. The sign provides absolutely no guidance for the scenario — entirely foreseeable in a residential car park — where a resident's allocated bay is blocked by another vehicle. On the occasion in question, I could not park in Bay 8 as it was occupied, I could not park in another resident's marked bay as my permit was bay-specific, and the sign now relied upon by the Claimant prohibits parking on the road. The sign therefore placed me in an impossible position not of my making and for which the Claimant bears responsibility by failing to make any provision. The instruction to "seek further advice or refrain from parking" is wholly impractical for a resident arriving home in the evening who has no viable alternative.
4. I submit that signage which creates an unresolvable conflict of conditions for a permitted resident — and which provides no fallback or remedy for the foreseeable scenario of an obstructed bay — is not adequate to form the basis of an enforceable contractual charge. A motorist cannot reasonably be bound by conditions that make compliance impossible through no fault of their own.

The Additional £70 Recovery Costs

1. The Claimant seeks £70 described as recovery costs in addition to the parking charge. These costs were not agreed in any contract and are not recoverable in the Small Claims Track. CPR 27.14 strictly limits the costs recoverable in small claims proceedings, and no basis has been provided for this sum. It represents an attempt at double recovery and should be disallowed in full.

Conclusion

1. In summary: I was a resident with a valid, landowner-approved permit for Bay 8 on 15th July 2024. My bay was occupied by a third party. I parked nearby within the same private residential area with my permit displayed, causing no loss or inconvenience to any party. The Claimant — which acted merely as an administrator of the approval process — accepted payment from me for the very permit it now seeks to disregard. The Claimant has suffered no financial loss, and the charge is an unenforceable penalty.
2. I respectfully request that the Court dismiss the claim in its entirety, and award the Defendant such costs as are permissible under CPR 27.14.

List of Exhibits

Ref	Description
AH-1	Email from UKCPM dated 3rd April 2024 acknowledging application and confirming it was sent to XXX Housing for approval, with application details appended
AH-2	Email from UKCPM confirming application approved by XXX Housing and providing payment link
AH-3	Proof of payment made to UKCPM for the permit
AH-4	Photograph of permit for Bay 8, obtained via Subject Access Request
AH-5	Photographs of signage at the car park

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: _________________________

Full name: XXX XXX

Date: _________________________