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#Post#: 121833--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: jfollows
Date: June 15, 2026, 7:38 am
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You have not misread this, but if you have not received a
Witness Statement from the claimant then you’re not in as bad a
position as you otherwise would be. Yes, you have missed the
deadline. If you now prepare and submit a Witness Statement you
should note that this is in the absence of a Witness Statement
from the claimant.
#Post#: 121834--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: AyGee
Date: June 15, 2026, 7:52 am
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Thank you. Haven't seen anything in the post and looked at MCOL
and there isn't a reference to any filing by UKPC
Should I write to the court to advise that I missed the WS
deadline because I only received the letter two days ago?
Do I need to prepare a witness statement given what is likely to
happen?
#Post#: 121836--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: jfollows
Date: June 15, 2026, 7:57 am
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If you want to cover yourself, you should write and submit a
Witness Statement to avoid any suggestion of not following the
orders of the court. The fact that the claimant appears not to
have done so either doesn’t mean that you shouldn’t.
I wouldn’t go to great lengths, though. I’d expect DCB Legal to
discontinue shortly.
MCOL won’t tell you anything useful once the case has been
transferred to your local court, which it has.
#Post#: 121840--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: AyGee
Date: June 15, 2026, 8:19 am
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Thank you, that's super helpful and much appreciated
Shall I acknowledge that I have missed the date in the covering
email or remain silent.
There is a template witness statement and draft order in this
thread that I intended to use
HTML https://www.ftla.uk/private-parking-tickets/ukpc-dcb-legal-defence/msg61988/#msg61988.
#Post#: 121842--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: jfollows
Date: June 15, 2026, 8:21 am
---------------------------------------------------------
I don’t think that’s a witness statement, it’s a
template/boilerplate/generic defence which is increasingly
struck out by the courts as such.
A witness statement is your story, as a witness and probably the
only witness for the defence.
#Post#: 121848--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: AyGee
Date: June 15, 2026, 8:36 am
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Something like this?
WITNESS STATEMENT OF [YOUR NAME]
I, [Your Name], of [Your Address], being the Defendant in this
matter, will say as follows:
I am the Defendant in this matter. I am a litigant in person.
The facts in this statement comes from my own personal
knowledge, save where otherwise stated.
I make this Witness Statement in support of my defence, and in
support of my request that the Court strike out this claim under
its own initiative due to the Claimant's fundamental failure to
comply with CPR 16.4 and Practice Direction 16.
The Failure to Disclose a Cause of Action
3. As set out in my Defence, the Claimant’s Particulars of Claim
are entirely generic, sparse, and fail to provide any precise
detail regarding the alleged contractual breach.
To date, the Claimant has failed to provide me with a copy of
the alleged contract (the signage), the exact terms relied upon,
or a clear breakdown of how the sum claimed has been calculated.
I refer to the Particulars of Claim showing this complete lack
of detail.
Furthermore, the Claimant has failed to specify whether they are
pursuing me as the driver or the registered keeper of the
vehicle. Under the Protection of Freedoms Act 2012 (POFA), a
parking operator must meet strict statutory deadlines and
wording to hold a keeper liable. By failing to specify my
capacity, the Claimant is attempting to bypass these strict
legal requirements.
The Merits of the Case
3. There is a lack of precise detail in the Particulars of Claim
(PoC) in respect of the factual and legal allegations made
against the Defendant such that the PoC do not comply with CPR
16.4.
4. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the
PoC in accordance with CPR PD 16(7.5);
(b) The PoC do not state the exact wording of the clause (or
clauses) of the terms and conditions of the contract (or
contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons)
why the claimant asserts the defendant has breached the contract
(or contracts)
(d) The PoC do not state with sufficient particularity
exactly where the breach occurred, the exact time when the
breach occurred and how long it is alleged that the vehicle was
parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is
calculated, including the basis for any statutory interest,
damages, or other charges;
(f) The PoC do not state what proportion of the claim is the
parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is
sued as the driver or the keeper of the vehicle, as the claimant
cannot plead alternative causes of action without specificity.
5. The Defendant attaches to this defence a copy of a draft
order approved by a district judge at another court. The court
struck out the claim of its own initiative after determining
that the Particulars of Claim failed to comply with CPR 16.4.
The judge noted that the claimant had failed to:
(i) Set out the exact wording of the clause (or clauses) of the
terms and conditions relied upon;
(ii) Adequately explain the reasons why the defendant was
allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as
permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum
claimed, requiring further case management steps would be
disproportionate and contrary to the overriding objective.
Accordingly, the judge struck out the claim outright rather
than permitting an amendment.
6. The Defendant submits that the same reasoning applies in this
case and invites the court to adopt a similar approach by
striking out the claim for the Claimant’s failure to comply with
CPR 16.4.
Disproportionate Use of Court Resources
7. This claim is for a modest sum, yet the Claimant’s failure to
provide basic details means the Court would need to order
further case management steps and amended pleadings just to make
the claim intelligible.
As requested in my Defence, I invite the Court to act under the
Overriding Objective (CPR 1.1) and strike this claim out as a
disproportionate use of the Court’s resources, rather than
allowing the Claimant to reward their poor pleading by amending
it.
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:
.....................................................[Your
Name]Dated: [Today's Date]
#Post#: 121908--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: InterCity125
Date: June 16, 2026, 1:12 am
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NO - STOP
As already advised, this is not a Witness Statement - this is a
boiler-plate defence.
Under no circumstances should this be submitted.
#Post#: 121910--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: jfollows
Date: June 16, 2026, 1:22 am
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HTML https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements
There’s plenty of advice on how to construct a Witness Statement
and there are some examples here, for example I found
HTML https://justclaim.co.uk/small-claims-guide/witness-statement<br
/>although I don’t specifically endorse this, it’s just
something
that I found easily.
Don’t forget that although it’s your witness statement you are
not identifying the driver.
#Post#: 122065--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: AyGee
Date: June 17, 2026, 4:12 am
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Dear Sirs,
We act on behalf of the Claimant UK Parking Control Limited.
Please find attached the Claimant's N279 Notice of
Discontinuance.
We are aware that the deadline to serve office copies of all
documents has been missed as per the Notice of Allocation dated
11th May. Please note however, this was received by our office
dated 16/06/2026.
The Defendant has been copied into this email by way of service.
#Post#: 122071--------------------------------------------------
Re: UKPC Parking Notice - Not Parked Correctly within the
Markings - Beckton Triangle Retail Park
DIR By: jfollows
Date: June 17, 2026, 4:59 am
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So no need to bother with a Witness Statement, then!
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