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]
