Free Traffic Legal Advice

deadline is 4pm 12 June

https://imgur.com/a/bzENrS0

i haven't received a copy of claimaints WS. Would this be through email or post? Nothing received.

What would you need to put in the WS instead?  Would my evidence be the fact that there is lack of detail in the POS? Quite unsure here.

Thanks

If you're phoning the court, ideally do so first thing in the morning to hopefully reduce the amount of time spent on hold.

just received their WOS


https://imgur.com/a/ECxNjmF

I can put it on a drive if thats easier but that is all I received - 30 pages.

It is in order as well

sorry sorry my bad missed the overleaf pages

https://drive.google.com/drive/folders/1-pRIcabSZ1m8F1e1dPJrjjQzKZNlSpza?usp=sharing

hopefully this is easier to view!

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?

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.

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

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:

IN THE COUNTY COURT AT KINGSTON-UPON-THAMES

Claim No: [Claim Number]

BETWEEN:

National Car Parks Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

WITNESS STATEMENT

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:

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.

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:

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

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