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A witness statement is meant to e a factual count of events, not a rehash of the defence.
However i doubt there is time to rewrite it, but I would remove any reference to the second claim. If you draw attention to it, DCBL might apply to amend the first claim
Where possible you should include numbered exhibits in support of your statements of fact
In the Defence 2nd claim you could point out that in In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).
So In this claim unspecified charges additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b) )
You could add something along the lines of: "Whilst not binding on this court the Defendant respectfully refers to the following case: G4QZ465V (Excel Parking Services Ltd vs Wilkinson - 1st July 2020) where District Judge Jackson considered a similar claim to be an abuse of process under the The Consumer Rights Act 2015 (Sch 2 and section 61/ 61(1)/ 67). He found that striking out the claim was the only appropriate manner in which the disapproval of the court could be shown"
Also note that :If the Defendant is being sued as Keeper the Claimant is only entitled to recover the Parking charge as Schedule 4 condition 4(5) of POFA 2012 provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper. Therefore, any associated damages/costs as claimed incurred by the Claimant in connection with the PCN are not recoverable.
However i doubt there is time to rewrite it, but I would remove any reference to the second claim. If you draw attention to it, DCBL might apply to amend the first claim
Where possible you should include numbered exhibits in support of your statements of fact
In the Defence 2nd claim you could point out that in In Parking Eye vs Beavis ([2015] UKSC 67. Case ID. UKSC 2015/0116. the S C found the parking charge (£85) was a genuine estimate of the costs of operating the parking scheme including losses suffered by the operator if its terms and conditions were not complied with (see paras 188 and 193 of the judgment).
So In this claim unspecified charges additional to the parking charge may involve an element of double recovery and is an abuse of process that may taint the entirety of the claim and permit the Court to strike out the claim (CPR3 4 (2) (b) )
You could add something along the lines of: "Whilst not binding on this court the Defendant respectfully refers to the following case: G4QZ465V (Excel Parking Services Ltd vs Wilkinson - 1st July 2020) where District Judge Jackson considered a similar claim to be an abuse of process under the The Consumer Rights Act 2015 (Sch 2 and section 61/ 61(1)/ 67). He found that striking out the claim was the only appropriate manner in which the disapproval of the court could be shown"
Also note that :If the Defendant is being sued as Keeper the Claimant is only entitled to recover the Parking charge as Schedule 4 condition 4(5) of POFA 2012 provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper. Therefore, any associated damages/costs as claimed incurred by the Claimant in connection with the PCN are not recoverable.
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