Advice on Filing a Defence for Parking Fine Claim

[Silver Paw]

Thanks for the reply.

I had drawn up some details in bullets points. if the format is important then I will take a look at the sample you mentioned and post a link to my draft over the weekend.

Regards

[Silver Paw]

I had checked for the shortcut you mentioned for the guidance on this site via on the right hand of this page. However there is none available. My partner also looked he could not find it either. He did a google search which found one document link a few years old.

https://legalbeagles.info/forums/for...ness-statement

Is this the correct one?

Thank you

Regards

[des8]

that is the link..
Within that thread there are half a dozen links to other examples.

[Silver Paw]

Ok, thanks
I have printed out a hard copy of the link I will see if I can find the other half dozen other example you mentioned.
Regards

[Silver Paw]

Hello good afternoon DES 8,

Yesterday evening when I got back from work I found a post from ELMS Legal Ltd. The envelope contained lots of paperwork. Some of them are paperwork I had already sent to you. However the others are new. I have listed them below and given the link to the upload of paperwork that were not sent to you.

The following is the breakdown.of the bundle

page 1 and 2- Claim form NISDT page 1 and statement of truth
Page 3 - Court Acknowledgement letter sent to ELMS dated 03.06.25. Telling them that I have 28 days to file
Page 4 - copy of the Court Acknowledgement sent to me dated 30.05.2025
Page 5- Letter dated 03.07.2025 from court telling them that they must do C1 and file Form N180 BY 21.07.2025
Page 6 and 15- N98 and my counterclaim
Page 16- N9 form from ELMS
Page 17 to 25- ELMS's submission of N180
Page 26 to 35 -ELMS'S Defense to the counterclaim
Page 36-Exhibit ELS 1
Page-37- Contract statement of authority between VCS and Savills dated 28.05.2019
Page -38- Parking sign with VCS details on it
Page 39- Site plan of the retail park
Page 40- Exhibit ELS 2
Page 41 to 53- Notice to keeper, final reminder, 10 pictures of the car taken at various angles which have been uploaded already
Page 54 to 61 -My N180 copy
Page 62- court letter of transfer of the case to Brentford
Page 63 to 64 - Letter stating the date of the hearing in December 25
Page 65 to 68- looks similar to the letter I got dated 02.09.25 giving details of how to file a witness statement and asking for payment of £27 by 27.11.25
Page 69- ELMS e-mail asking Brentford Court to take payment of £27.00
Page 70 to 80 - Witness Statement of Jake Burgess
Page 81- Exhibit JB 1
Page 82 to 83 Sign at the entrance to the car park with VCS details another sign with VCS details
Page 84 -A redacted contract statement of authority between VCS and Savills single page dated 28.05.2019 same as the un-redacted page marked page 37 above
Page 85- Exhibit JB 2
Page 86-Same site plan of the retail park but marked as Overhead
Page 87 to 89- copy of the Notice to keeper, final reminder ( same again on page 41 to 43)
Page 90 to 99- 10 pictures of the car taken at various angles which they supplied in page 44 to 53 above



Below are the links to pages 65 to 85

https://drive.google.com/file/d/1r27...ew?usp=sharing

https://drive.google.com/file/d/1tB6...ew?usp=sharing

Please take a look at the links and provide your comments.

Currently I am concentrating on my witness statement which I hope to upload to the Google drive tomorrow.

I presume this bundle is sent in response to the deadline of 30.09.25. I may have to adjust my witness statement if there is anything that you think is worth mentioning.


I note that ELMS have not mentioned the contract to manage the car park dated on April 24 between Excel Parking and Savills and the picture of the car park sign that was sent showing Excel as the operator that they sent me in response to my CPR 31.14. I have included it in the witness statement I am currently working on

Thanks very much

Regards

[des8]

Jake's witness statement seems to be a rehash of their earlier responses and I didn't note any thing new.

The other google drive link only contains Notices of transfer of proceedings, proposed allocation to track and N180 Directions Questionnaire (which you completed in July)

[Silver Paw]

Good evening DES8,

Currently there are 62 pages to the witness statement. Below are links to the Exhibits X1 to X12 which cover pages 11 to 62.

I will message you separately to provide pages 1 to 10.

https://drive.google.com/file/d/1BnX...usp=drive_link

https://drive.google.com/file/d/1cF-...usp=drive_link

https://drive.google.com/file/d/1eNQ...usp=drive_link

https://drive.google.com/file/d/1hcU...usp=drive_link

https://drive.google.com/file/d/10vC...usp=drive_link


Thank you very much

Regards

[Silver Paw]

Details on pages 1 to 10 have now been sent from my side.

However there was a message stating that the message require moderator approval.

I hope the site owner allow the post to be passed to DES8

Many thanks

[Silver Paw]

Hello good evening DES8,

The message I sent yesterday late evening just before I posted the message in post #68 has not been passed on to you.

I have sent a message to the site owner to allow the post to be passed to you this morning . However I got a a message back this afternoon from the site owner to pass on the 10 pages and the questions to him. I have just passed on the details.

Why this site is blocking person to person message is beyond me. There was no foul language or unreasonable comments. Thus I cannot grasp why the message could not be forwarded to you. I am a bit worried that it is going to take extra time to communicate if hurdles are placed between the expert member and the unwise member needing help. This site never allowed me to up load any documents either. I have no idea why.

I think the system allows you to send me direct person to person message from past experience. I hope at least the messages from you will be quicker than messages from me which have to go via the site owner.

Thank you

Regards

[des8]

Is it your witness statement that is 62 pages long?

Although there is no strict limit in length on the small claims track, it should be a brief concise account in chronological order of essential facts.
In the commercial court for example there is a limit of 30 pages

EXC please could you action Silver paws request in post

I meant to send this message about 4hours ago, but neglected to push the right button!
P.S. not all of us are "experts", and I certainly wouldn't include myself in that number.
I'm just a legally untrained idiot who doesn't like to see others being steamrollered

[EXC]

Is it your witness statement that is 62 pages long?

Although there is no strict limit in length on the small claims track, it should be a brief concise account in chronological order of essential facts.
In the commercial court for example there is a limit of 30 pages

EXC please could you action Silver paws request in post

I meant to send this message about 4hours ago, but neglected to push the right button!
P.S. not all of us are "experts", and I certainly wouldn't include myself in that number.
I'm just a legally untrained idiot who doesn't like to see others being steamrollered

I'm not sure if you've got it or not but I've forwarded the email that SP sent me if you haven't.

[des8]

I'm not sure if you've got it or not but I've forwarded the email that SP sent me if you haven't.

Thank Nick, email now to hand and just skimmed through it.

[des8]

Silver Paw I'm afraid that WS is so wordy that a judge might take against it.
I'll try and precis it for you, but I'm off to hospital tomorrow.
Hopefully I'll be released and not kept in overnight, but there could be a delay before I can get down to it

[Silver Paw]

My WS is 10 pages long.

The remaining 52 pages are Exhibit related.

Many thanks for the offer to make the WS more concise.

I am going to make an attempt to try to cut down the length . To be honest I never thought about the length. When I seen the bundle received from the claimant which is nearly hundred pages long, I didn't stop to think 62 pages in total including the exhibits is long. My bad.


Fingers crossed, all goes well for you at the hospital tomorrow.

Wish you a speedy return home.

Regards

[des8]

Hi
This is how I would start the WS. and I'll try and complete tomorrow (but it is your statement so you don't have to follow it but do check exhibit numbers , dates etc if you do!)
Note the line spacing is 1.5, and font size 12
Each paragraph numbered and each page numbered and bearing claim number top right


!)On or about dd/mm/yy I received the Notice to Keeper/ Parking Charge Notice from

VEHICLE CONTROL SERVICES Ltd (VCS) (Exhibit xx)

2) I notified the issuer that as it did not comply with the mandated conditions of POFA2012

they could not transfer liability for any charges from the driver to me the keeper (exhibit xx)

3)On or about ? May 25 I received a letter of claim dated 17th April 25 from VCS ( Exhibit

X7 p 27 to 29)

4)On 11^th May 25 I visited the Car Park and noted the signs stated it was operated by a

company called EXCEL PARKING SERVICES Ltd (EPS).. I photographed the signs on

a GPS enabled phone which shows the date time and location where the picture was

taken. (Exhibit X 1 and 2 pages 11 to 15)

5)As VCS were not a party to any alleged contract between EPS and the driver I ignored

further money demands and threats of court action from VCS

6) On or about XX May 25 I received Claim form no XXXX from VCS, which I

acknowledged on 30^th May 25

7)On 5^th June 25 I sent a CPR31.14 for the documentation they were relying on in support

of the claim to the claimant’s solicitor, ELMS Legal Ltd (exhibitxx)

8) On or about 14^th June I received a response dated 9^th June from ELMS Legal Ltd which

included the following documents (exhibit xx):

i)The authority agreement between the managing agent Savills (on behalf of their client

Trustees of the Mineworks Pension Scheme Ltd’ ) and EPS Limited for a period of three years between 01.04.2024 and 31.07.2027. (exhibit xx)

ii) A witness statement signed by Maxi Glas on behalf of Savills stating the Ivy Bridge

Retail Park operator is EPS. Who may issue PCN’s between 01.04.2024 until 31.03.2027

.(exhibitxx)

iii)The ‘Adobe Acrobat sign’ only details e-mail address of Maxi Glas of Savills and Alun

Cockcroft of EPS as the persons party to the agreement.(exhibitxx)

iv)Several pictures of the signage located in the car park showing EPS as the car park

operator (Exhibits xx)