County Court Claim Regarding Parking Tickets

The post C-M made about the WS? Yes, I followed it as best I could and used the cases he mentioned to write my WS. Although it has been questioned why I'm referring Beavis? I have no knowledge of previous case examples so I have only refered to Beavis and Lengyal and Coupon mentioned

Witness Statement

In the matter of

Devere (Claimant)
V
_______ (defendant)

Claim No.

Witness statement of Mr _____, defendant:

I am the Defendant in this matter and I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true within my own knowledge, except where indicated otherwise.

1. As seen in evidence E.6, the parking bays in question display a single sign stating !!!8216;Visitor Parking Only!!!8217;. This sign does not contain the information required by law or IPC standards (E.2, 3 & 5) to clearly convey to any driver that they are entering a contract with the land owner and/or private parking company and therefore no charge can be enforced under UK law. No mention of permit. No mention of contractual sum.

2. The maximum sum that can be requested by the claimant can only be equal to the sum displayed CLEARY on the sign in question. There is no sum visible on this sign.

3. In Beavis, it was held by the Supreme Court that £85 is an already significantly inflated sum. The £250 asked for by the claimant far exceeds this amount.

4. The land is not owned by Devere and only the land owner can recover cost for damages, of which there is none (Pace Lengyal, E.7).

5. No entrance signs to the property that clearly warns of penalty charges or permit requirements (E.1, 4, 5 & 6).

6. Unlike ParkingEye v Beavis, the parking bays in question here are not for commercial use and do not require Pay & Display tickets. My vehicle being parked in these bays has not cost a penny to neither the land owner nor the PPC.

7. No !!!8216;Notice to Keeper!!!8217; or any other form of correspondence was received by me from Devere at any point, until I had been sent a claim form from the court. This was the first time I had any knowledge of the charges in question.

8. Devere have only requested the vehicles information from the DVLA for the second parking charge, meaning they have not followed DVLA guidelines for the first and cannot prove who was driving the vehicle at the time (E.9).


Skeleton Argument

ParkingEye Ltd v Beavis [2013] EWCA Civ 1639 Appended as evidence E.1
18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area.

ParkingEye Ltd v Beavis [2013] EWCA Cive 1639 Appended as evidence E.2
28.1 A driver who uses your private car park with your permission does so under does so under a license or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver!!!8217;s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs that make it easy for them to find out what your terms and conditions are.

Parking Eye Ltd v Beavis [2015] EWCA Civ 402 Appended as evidence E.3
2.2 Signs must conform to the requirements as set out in schedule 1 to the code.
Part E states that signs must:
Have clear and intelligible wording and be designed such that is clear to the reasonable driver that he is entering into a contract with the creditor or committing a trespass as the case may be.

IPC Code of Practice Appended as evidence E.4
Entrance signs should:
a) Make it clear that the motorist is entering onto private land.
b) Refer the motorist to the signs within the car park which display the full terms and conditions.
c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered.

IPC example of Entrance Sign Appended as evidence E.5

Photograph of Entrance to East Cliff Manor Visitor Parking Appended as evidence E.6

Photographs of East Cliff Manor Parking Bay and Sign Appended as evidence E.7

PACE v Lengyal (2017) Transcript Appended as evidence E.8

DVLA Letter Regarding Devere!!!8217;s Request for Information on Vehicles Owner Appended as evidence E.9

claxtome wrote: »

I suggest you anonymise your name as some ppc monitor these forums and may use it as evidence....

thanks, i corrected that straight after posting haha