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#Post#: 75877--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 10, 2025, 1:31 pm
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That is not the full bundle. Host the full bundle, with ALL
pages in the same order on Google Drive. Please don't make us
have to search around for all the pages of that WS.
#Post#: 75879--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 10, 2025, 1:34 pm
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I can put it on a drive if thats easier but that is all I
received - 30 pages.
It is in order as well
#Post#: 75882--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 10, 2025, 1:38 pm
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But you haven't shown us the witness statement in full. It goes
from para 14 to para 24. There must be at least one if not more
pages because there is no statement of truth or the signature of
the witness.
Are all their pages numbered? Are any missing?
#Post#: 75892--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 10, 2025, 2:05 pm
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sorry sorry my bad missed the overleaf pages
HTML https://drive.google.com/drive/folders/1-pRIcabSZ1m8F1e1dPJrjjQzKZNlSpza?usp=sharing
hopefully this is easier to view!
#Post#: 75983--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 11, 2025, 5:30 am
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I will deal with this later this evening. You can demolish their
WS and you can go through it point by point in your WS.
However, there is reference in their WS to whole bunch of other
PCNs. What on earth was this for?
HTML https://i.imgur.com/88Q5qiu.png
That NtK was 'given' on the 14th day, so within the relevant
period. Also, you haven't told us why the vehicle was on site
for 13 minutes without paying.
#Post#: 75989--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 11, 2025, 5:42 am
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that email with a lot of other PCNs was ones that I hadnt
appealed in the 14 day timeframe and the website did not let me
appeal so I had to email them directly to get those cancelled.
Is this something they can use against me in this case? Could
this be used against me now, implying some from of parking
abuse?
--- Quote ---
> That NtK was 'given' on the 14th day, so within the relevant
period. Also, you haven't told us why the vehicle was on site
for 13 minutes without paying.
>
--- End Quote ---
I can't say as it was quite a long time ago..
Driver could have been figuring out how to pay and decided to
leave instead - not sure
#Post#: 76170--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 12, 2025, 5:21 am
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just wondering if anyone has had a look at the WOS and can
advise me on what to say please
#Post#: 76191--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: b789
Date: June 12, 2025, 7:13 am
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Don't worry about submitting it a few days late. After
consulting with a district judge friend, it has been suggested
that a brief WS be submitted, just repeating the defence and
stating the facts as known:
--- Quote ---
>
> [center]IN THE COUNTY COURT AT KINGSTON-UPON-THAMES[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> National Car Parks Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> WITNESS STATEMENT[/center]
>
>
> 1. I am the Defendant in this matter and make this statement
in support of my Defence. The facts set out in this statement
are true to the best of my knowledge and belief.
>
> 2. I deny that there is any cause of action. No contract was
formed, and no breach is proven and I repeat my defence.
>
> 3. The Claimant's Particulars of Claim fail to disclose any
cause of action, as required by CPR 16.4(1)(a). They contain no
coherent statement of how or when I am said to have breached any
term, nor do they clarify whether I am being pursued as the
driver or as the registered keeper. This failure to plead a
complete cause of action is fatal and I respectfully request the
court to strike out the claim.
>
> 4. The only mention of an alleged contravention appears in the
Claimant's Witness Statement, drafted by a paralegal and not
given in the first person. It alleges simply that the vehicle
was "parked without payment of the parking charge." There is no
detail or supporting evidence of any actual contract being
formed or breached.
>
> 5. The Claimant’s own photographs show that the vehicle was
merely present on the site for 13 minutes. The signs shown are
not legible from a moving vehicle and appear to contain densely
packed, small print terms. It is not plausible that a contract
could have been read, understood, and accepted in such
circumstances.
>
> 6. The event is over a year old, and I have no knowledge or
record of who was driving the vehicle on that unremarkable day.
I cannot assist with further details. It is possible the driver
stopped to assess payment options before deciding to leave.
>
> 7. The failure to state a clear cause of action, combined with
the absence of a reliable first-hand witness statement from the
Claimant, and the lack of clear, accessible signage, renders
this claim without merit.
>
> 8. I respectfully ask the court to strike out the claim
pursuant to CPR 3.4(2)(a) and (b) for disclosing no reasonable
grounds and being an abuse of process. Alternatively, I request
the claim be dismissed with costs.
>
> 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:
>
>
> Date:
--- End Quote ---
Submit the WS as a PDF attachment in an email to the court at
Enquiries.kingston.countycourt@justice.gov.uk and also CC
help@moorsidelegal.co.uk and also CC in yourself. Make sure you
include the claim number in the subject field of the email.
#Post#: 76226--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: June 12, 2025, 10:21 am
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thank you so much. i have sent this
#Post#: 90813--------------------------------------------------
Re: No reply from NCP and now getting solicitor letters
DIR By: NBSCMN
Date: September 21, 2025, 6:35 am
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Hello,
My hearing is coming up on 8th October and I am trying to fully
understand to get a good idea of what to say during the hearing
as this sort of information is quite confusing.
In a previous letter I received on 20/5/25 it states:
--- Quote ---
> Unless the claimant does by 4 pm on the 10th of September 2025
pay to the court the trial fee of £27 or file a properly
completed application (i.e. one which provides all the required
information in the manner requested) for help with fees then the
claim will be struck out with effect from 10th of September 2025
without further order and unless the court orders otherwise you
will also be liable for the costs which the defendant has
incurred
--- End Quote ---
Should I have received a letter saying the hearing has been
struck out by now?
And any sort of pointers or tips please for the hearing!
I have got the following from AI mind u:
The Claimant's Particulars of Claim fail to disclose a
reasonable cause of action as required by Civil Procedure Rule
16.4(1)(a). The claim is inadequately pleaded."
List the specific failings: Explain what is missing from their
claim. Use a list to make your points clear and easy to follow:
- They haven't stated the exact terms of the contract I
supposedly breached.
- They haven't explained how I am alleged to have breached it.
- The claim does not clarify if I am being sued as the driver or
the keeper of the vehicle.
- They have not provided a breakdown of how the claimed sum is
calculated.
Reference case law: This adds significant weight to your
argument. Mention that similar cases have been struck out. "This
isn't a technicality. The court has repeatedly held that such
claims are deficient. I have referenced the persuasive appellate
decisions of CEL v Chan and CPMS v Akande in my defense, where
similar claims were struck out for these very same reasons."
2. Addressing the Claimant's Evidence
- Critique their WS: Point out the shortcomings of their witness
statement. "The Claimant's Witness Statement does not cure the
deficiencies of their original claim. It's drafted by a
paralegal and is not a first-hand account of the events. It's a
templated document that simply repeats the same inadequacies as
the Particulars of Claim."
- The 13-minute stay: The claimant's evidence mentions the
vehicle was on-site for 13 minutes. You should have a plausible
explanation ready. "The driver's presence for only 13 minutes
suggests they may have been seeking to find parking or payment
options before deciding to leave. This is not evidence of a
breach of a contract, especially with a lack of clear and
accessible signage.
Concluding Remarks
- Reiterate your position: "The Claimant has failed to provide
the necessary details for a valid claim. Their case is an abuse
of process and has no reasonable prospect of success."
- State your request: "I respectfully request that the court
strike out the claim pursuant to CPR 3.4(2)(a) and (b)."
I am worried that if the judge asks me 'why' for any of these
statements then I have no idea how to explain the points.
Also, is it likely they could bring up the previous PCNs that I
have received from them as per their WS? They have been
cancelled now, but do I need a good defence for this?
Thanks
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