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Re: County Court claim letter over parking fines
Witness Statement
1. I, **** of *****t, am the defendant in this claim. The facts in this statement come from my personal knowledge.
2. I am the registered keeper of the vehicle xxxxxxx.
3. Having received a court claim from the claimant i went to take a picture of the signs which the claimant claims is the contract between us. (Exhibit 1) There is no offer to park for free or payment to park. Unlike Parking Eye v Beavis, there was no agreed contract. As there was no contract as per Parking Control Management (UK) Ltd V Bull & UKPC v Masterton there is no enforceable contractual penalty. The sign prohibits certain actions but does not agree a contract which has contractual penalties. It is a matter of common sense that in order to enforce a contractual penalty a contract has to be in existence.
4. There were no marked bays present. (exhibit 2)
5. Any claim for trespass (as it would be, Parking Eye v Beavis) would be in the name of the occupier of the land, not their parking management company.
6. The signs were not prominent, large and legible.
I will do a skeleton argument in the next 2/3 days, which will allow you to post anything they send you. (skeletons are otional so no time limit applies)
M1
Witness Statement
1. I, **** of *****t, am the defendant in this claim. The facts in this statement come from my personal knowledge.
2. I am the registered keeper of the vehicle xxxxxxx.
3. Having received a court claim from the claimant i went to take a picture of the signs which the claimant claims is the contract between us. (Exhibit 1) There is no offer to park for free or payment to park. Unlike Parking Eye v Beavis, there was no agreed contract. As there was no contract as per Parking Control Management (UK) Ltd V Bull & UKPC v Masterton there is no enforceable contractual penalty. The sign prohibits certain actions but does not agree a contract which has contractual penalties. It is a matter of common sense that in order to enforce a contractual penalty a contract has to be in existence.
4. There were no marked bays present. (exhibit 2)
5. Any claim for trespass (as it would be, Parking Eye v Beavis) would be in the name of the occupier of the land, not their parking management company.
6. The signs were not prominent, large and legible.
I will do a skeleton argument in the next 2/3 days, which will allow you to post anything they send you. (skeletons are otional so no time limit applies)
M1
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