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HELP Witness Statement - Impending Court Date, Help with making witness statement more robust please
Deedee27
post Thu, 20 Dec 2018 - 10:56
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Hello
I am hoping it is not too late for this forum to help me as I am in a bit of a mess with my case. I am aware that this is a long post but I want to give as much information as possible in order to get all the help I can.

Background
My car broke down and was towed to a road near my mechanics (30th Jan 2017). Whilst it was there I eventually decided to have it scrapped as not worth fixing. Some weeks late I received at formal demand letter from UKCPM dated 6th April 2017 that I had received a ticket 4th March 2017. Unfortunately for me I had trusteed my mechanic to get the car scrapped. I called him and he directed me to the scrapping company who had no record of the car being scrapped. Eventually I called DVLA who said I was still the registered keeper. Subsequently I wrote to DVAL that I was no longer the registered keeper and do not have access to the car. They took my name off the car and needless to say I no longer use that mechanic.

I was then introduced to a company by a friend who help to fight parking tickets. They have been helping with communicating with UKCPM, have written my defence and I now at the stage of putting in my witness statement. It was at the point of the defence being written that I stumbled across MSE and Pepipoo. Had I known beforehand that they existed I would have used the advice here rather than the company. But all that is now water under the bridge. I am hoping this community can help me with my witness (already written by the company but I believe could use a second eye to make it more robust).

My court date is 11 Jan 2018 at 10am. I have to get my witness statement in by Thursday 27th December latest.

My defence was as follows:
I denied that
• a contract was formed,
• there was an agreement to pay a parking charge,
• there were terms and conditions prominently displayed around the site,
• there was an agreement to pay additional unspecified sums,
• the claimant adhered to schedule 4 of the protections of freedoms act 2012,
• the claimant complied with IPC and BPA code of practice, the I owe any debt

I have received back the witness statement sent by Gladstone Solicitors which is quite long and daunting, with pictures of my car (no signs nearby in their own picture), a lone picture of a parking sign surrounded by leaves and bushes (which is not and has never been on this road. The only signs they have up is on the opposite side of the road that I parked on and is a mostly faded no parking sign, also not present in the picture they took of my car and are presenting as evidence). They also have a map of the area and dots of alleged places where parking signs were (again not factual, I have even recently returned to the site and these so called signs are not there. Also if the signs were where they alleged them to be it would be visible in the picture they took of my car)

I want to include as evidence in my witness statement pictures of the area that I have taken showing the signs that are faded and on the opposite side of the road which I parked. Even google maps doesn’t have this so called sign that they are putting in as evidence. The company I am using is advising against it stating that it is the claimants’ job to prove those signs were there not mine. But I am trying to prove their lies. What is the advice here? Include my own pictures (which are taken a year late unfortunately, there is dated) or leave my pictures out and just try to combat it at the court as the sign is nowhere near my car in their own picture?

I will post my witness statement in a second post as I am very aware this post is getting long

I will be eternally grateful for any help or advice that can be offered

Thank you in advance
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Deedee27
post Thu, 20 Dec 2018 - 12:11
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Hello

Please see below my witness statement

Points in bold are my own personal addition to what was sent to me by the company that has been assisting.

Please advice and assist
Again court date is 11th January and so witness statement needs to be in by Thursday 27th December

Thank you in advance


Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant

vs

MISS xxxx (Defendant)

WITNESS STATEMENT




1. I am xxxxx of xxxx, the defendant in this matter. I make this statement from my own knowledge and personal experience.

2. Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see breakdown company receipt). My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

3. I later found out that my instructions were not followed appropriately and have written to the DVLA as such (see letter to DVLA and response)

4. During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

5. I subsequently received a letter in the post one month after the alleged ticket was issued (see Demand Notice)

6. Upon receipt of the letter in the post I returned to the scene for confirmation, after much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were not easily visible as they were faded (see pictures of site, and google maps images) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left.

7. Upon consistent visits to the site on various days it was noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions. This places the Claimant under due diligence that the supposed signs on this road were neither clear in information nor easy to see and interpret as they purposed it to be.

8. After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. It is clear from several recent county cases that only the landowner can pursue a claim for trespassing where signs forbid parking. In PCM-UK v Bull et all B4GF26K6 [2016], (Exhibit 1) the signage forbade parking and so no contract was in place. A trespass had occurred, but that meant only the landowner could claim, not the parking company. In UKPC v Masterson B4GF26K6[2016] (Exhibit2) it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim. In Horizon Parking v Mr J C5GF17X2[2016] I was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim. Please see attached cases transcripts which explain the legal standpoint.

9. I also understand that part of membership of an AOS requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code states that parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided.

10. The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 (Exhibit 3) allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted timeframe allowed which is 14 days. As such the Claimant has not met the minimum requirements of the Act and I cannot be held liable as the registered keeper.

11. The protections of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The claimant cannot recover additional charges.

12. The defendant also has the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described some costs as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

13. It is clear that the Claimant has no standing to pursue these matters in any way, shape or form, nor are they capable of entering into a contract with me on its own account as there was no offer to park nor have they provided the correct documentation to hold me liable as the registered keeper.

14. I believe that the facts stated in this witness statement are true


Any further advice on what to add, change, remove will be appreciated.

My current worry is that UKCPM are alleging that the signs stating parking conditions and a parking charge were prominently displayed at the time the car was placed there and this is a blatant lie.

Thank you for the help

This post has been edited by Deedee27: Thu, 20 Dec 2018 - 13:01
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nosferatu1001
post Thu, 20 Dec 2018 - 12:17
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Are they aware of the drivers identity?

yes or no
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Deedee27
post Thu, 20 Dec 2018 - 12:53
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QUOTE (nosferatu1001 @ Thu, 20 Dec 2018 - 12:17) *
Are they aware of the drivers identity?

yes or no


No

There was no driver.
The car was towed there having broken down
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Jlc
post Thu, 20 Dec 2018 - 13:05
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The WS seems to have legal arguments in it?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Deedee27
post Thu, 20 Dec 2018 - 13:20
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I think it's drawing on previously won cases (which I have transcripts of) to prove a point.

Can I not do that within my witness statement?
I think I've seen it in others during my search on various forums....????

This post has been edited by Deedee27: Thu, 20 Dec 2018 - 13:20
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nosferatu1001
post Thu, 20 Dec 2018 - 14:16
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FORMALLY:

- the defence is where you put legal arguments
- the WS is full of facts
- your skeleton argument (optional) is where references to case law come in; because AIUI you cannot give testimony on case law (which is what you WS is - written testimony)

If the car was towed there, you need to make it clea tthat there cannot be a driver, you had no control over the vehicle being taken to that location, and did not permit it to be left there.

WHat happened after with the DVLA does not alter that, AT THE TIME, you were the RK. Yes?

You have not, in the ONLY place you can place *evidence*, mentioned your *evidence* of the car being broken down, being towed, being towed to that location, what happened etc.
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Deedee27
post Thu, 20 Dec 2018 - 14:56
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QUOTE (Jlc @ Thu, 20 Dec 2018 - 13:05) *
The WS seems to have legal arguments in it?



QUOTE (nosferatu1001 @ Thu, 20 Dec 2018 - 14:16) *
FORMALLY:

- the defence is where you put legal arguments
- the WS is full of facts
- your skeleton argument (optional) is where references to case law come in; because AIUI you cannot give testimony on case law (which is what you WS is - written testimony)


If the car was towed there, you need to make it clea tthat there cannot be a driver, you had no control over the vehicle being taken to that location, and did not permit it to be left there.


WHat happened after with the DVLA does not alter that, AT THE TIME, you were the RK. Yes?

You have not, in the ONLY place you can place *evidence*, mentioned your *evidence* of the car being broken down, being towed, being towed to that location, what happened etc.


Just to be certain you are advising to remove this section (section 6) from the WS

What do you advice re: skeleton argument. When and how does this come into the process

I will add that I could not have been the driver etc. to point 2 as suggested

Yes I was the Registered Keeper at the time. I will remove point 3 re: DVLA as not needed

Unfortunately all I have is the receipt from the breakdown assist saying the car cannot be fixed by the road side and would need to be towed. I am trying to get in contact with the towing company to get records of the car having been towed. Still waiting on a response and don't want to heavily rely on them in case they do not reply on time

Thanks for the help

This post has been edited by Deedee27: Thu, 20 Dec 2018 - 15:06
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southpaw82
post Thu, 20 Dec 2018 - 15:06
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QUOTE (Deedee27 @ Thu, 20 Dec 2018 - 13:20) *
Can I not do that within my witness statement?


No.

QUOTE
I think I've seen it in others during my search on various forums....????

That’s because they were written by people who either didn’t know the rules or didn’t care about them “because it’s just small claims”. They forget, of course, that if it causes significant inconvenience the court might make an adverse costs order or simply strike out the statement.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Deedee27
post Thu, 20 Dec 2018 - 16:36
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QUOTE (southpaw82 @ Thu, 20 Dec 2018 - 15:06) *
QUOTE (Deedee27 @ Thu, 20 Dec 2018 - 13:20) *
Can I not do that within my witness statement?


No.

QUOTE
I think I've seen it in others during my search on various forums....????

That’s because they were written by people who either didn’t know the rules or didn’t care about them “because it’s just small claims”. They forget, of course, that if it causes significant inconvenience the court might make an adverse costs order or simply strike out the statement.


Thank you I will make changes removing this, but will make personal notes of it so that I can use it on the day. That should be alright I presume?
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nosferatu1001
post Thu, 20 Dec 2018 - 16:59
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Yes, as told you can make a skeleton argument

You need all the possible proof you can. You've waited far too long to get this sorted.
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Deedee27
post Thu, 20 Dec 2018 - 17:25
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QUOTE (nosferatu1001 @ Thu, 20 Dec 2018 - 16:59) *
Yes, as told you can make a skeleton argument

You need all the possible proof you can. You've waited far too long to get this sorted.



Agreed

I was initially unaware of such help online then had some personal losses to deal with. Unfortunately now left in this predicament and hoping to wrestle it back so the help offered is much appreciated and further help will be gladly accepted thanks.

Please see below updated witness statement as suggested

Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant

vs

MISS xxxx (Defendant)

WITNESS STATEMENT



1. I am xxxxx of xxxx, the defendant in this matter. I make this statement from my own knowledge and personal experience.

2. Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see breakdown company receipt). As the car was broken down there could have been no driver as it was towed to the site, I was not in control of where the car was dropped no did I give instructions for the car to be left on this road.

3. My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

4. During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

5. I subsequently received a letter in the post one month after the alleged ticket was issued (see Demand Notice)

6. Upon receipt of the letter in the post I returned to the scene for confirmation, after much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were inadequate and not well lit, they were hardly visible as they were faded (see pictures of site, and google maps images) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left.

7. Furthermore no signs were visible from the location where the car was left.

8. Upon consistent visits to the site on various days it was noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions. This places the Claimant under due diligence that the supposed signs on this road were neither clear in information nor easy to see and interpret as they purposed it to be.

9. After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. It is my knowledge that only the landowner can pursue a claim for trespassing where signs forbid parking.

10. I also understand that part of membership of an AOS requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code states that parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided.

11. The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 (Exhibit 3) allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted time frame allowed which is 14 days Paragraph 9(4 and 5) of The Protection of Freedoms Act 2012 Schedule 4. As such the Claimant has not met the minimum requirements of the Act and I cannot be held liable as the registered keeper.

12. The Protections of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The claimant cannot recover additional charges.

13. The defendant also has the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described some costs as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

14. It is clear that the Claimant has no standing to pursue these matters in any way, shape or form, nor are they capable of entering into a contract with me on its own account as there was no offer to park nor have they provided the correct documentation to hold me liable as the registered keeper.

15. I believe that the facts stated in this witness statement are true

Any changes or additions that you think might help my case...???

Thank you


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southpaw82
post Thu, 20 Dec 2018 - 17:30
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You don’t use 3rd person in a witness statement - so it’s not “the defendant” it’s “me” or “I”.


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nosferatu1001
post Thu, 20 Dec 2018 - 17:33
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Is it worth denying you were the keepe or driver?
You were still the RK
But the garage was the day to day keeper of the vehicle while it was being assesssed
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Deedee27
post Thu, 20 Dec 2018 - 18:09
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QUOTE (southpaw82 @ Thu, 20 Dec 2018 - 17:30) *
You don’t use 3rd person in a witness statement - so it’s not “the defendant” it’s “me” or “I”.


Thank you I will make the necessary adjustments.

QUOTE (nosferatu1001 @ Thu, 20 Dec 2018 - 17:33) *
Is it worth denying you were the keepe or driver?
You were still the RK
But the garage was the day to day keeper of the vehicle while it was being assessed


Thank you
I will also add this statement

Please see below changes and additions in bold

Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant

vs

MISS xxxx (Defendant)

WITNESS STATEMENT




I am xxxxx of xxxx, the defendant in this matter. I make this statement from my own knowledge and personal experience.

Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see breakdown company receipt). As the car was broken down there could have been no driver as it was towed to the site, I was not in control of where the car was dropped nor did I give instructions for the car to be left on this road. During this period I was the Registered Keeper of the vehicle and not the 'Keeper.' The day to day Keeper was at the time of the alleged incident my mechanic.

My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

I subsequently received a letter in the post one month after the alleged ticket was issued (see Demand Notice)

Upon receipt of the letter in the post I returned to the scene for confirmation, after much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were inadequate and not well lit, they were hardly visible as they were faded (see pictures of site, and google maps images) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left.

Furthermore no signs were visible from the location where the car was left. Nor was there any signage at the entrance to the road.

Upon consistent visits to the site on various days it was noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions. This places the Claimant under due diligence that the supposed signs on this road were neither clear in information nor easy to see and interpret as they purposed it

After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. It is my knowledge that only the landowner can pursue a claim for trespassing where signs forbid parking.

I also understand that part of membership of an AOS requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code states that parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided.

The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 (Exhibit 3) allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted time frame allowed which is 14 days Paragraph 9(4a nd 5) of The Protection of Freedoms Act 2012 Schedule 4. As such the Claimant has not met the minimum requirements of the Act and I cannot be held liable as the registered keeper.

The Protections of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The claimant cannot recover additional charges.

I also have the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described some costs as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

It is clear that the Claimant has no standing to pursue these matters in any way, shape or form, nor are they capable of entering into a contract with me on its own account as there was no offer to park nor have they provided the correct documentation to hold me liable as the registered keeper.

I believe that the facts stated in this witness statement are true


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southpaw82
post Thu, 20 Dec 2018 - 19:28
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It's still full of argument.


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Deedee27
post Thu, 20 Dec 2018 - 19:48
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QUOTE (southpaw82 @ Thu, 20 Dec 2018 - 19:28) *
It's still full of argument.


Apologies I must be misunderstanding
I have taken out the legal cases

Could you please hint at what else needs to be removed or reworded and I will make sure I do so

Thank you
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southpaw82
post Thu, 20 Dec 2018 - 20:40
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QUOTE (Deedee27 @ Thu, 20 Dec 2018 - 18:09) *
Statement on behalf of: The Defendant

Initials and surname:

Statement number:

Exhibits:

Date:


Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant)

vs

MISS xxxx (Defendant)

WITNESS STATEMENT OF [NAME]




1. I am xxxxx of xxxx, the defendant in this matter. Unless otherwise stated I make this statement from my own knowledge and beliefpersonal experience.

2. Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see breakdown company receipt, exhibit XXX). As the car was broken down there could have been no driver as it was towed to the site, I was not in control of where the car was dropped nor did I give instructions for the car to be left on this road. During this period I was the Registered Keeper of the vehicle and not the 'Keeper.' The day to day Keeper was at the time of the alleged incident my mechanic. You might want to reword this to something like "During this period I was the registered keeper but I was not in day to day control of the vehicle. It was in the control of the mechanic.

My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

I subsequently received a letter in the post one month after the alleged ticket was issued (see Demand Notice) Is this already an exhibit?

Upon receipt of the letter in the post I returned to the scene for confirmation. After much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were inadequate and not well lit, they were hardly visible as they were faded (see pictures of site, and google maps images, exhibit XXX) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left.

Furthermore no signs were visible from the location where the car was left. Nor was there any signage at the entrance to the road.

Upon consistent visits to the site on various days I noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions. This places the Claimant under due diligence that the supposed signs on this road were neither clear in information nor easy to see and interpret as they purposed it

After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. It is my knowledge that only the landowner can pursue a claim for trespassing where signs forbid parking.

I also understand (from whom?) that part of membership of an AOS (what is an AOS?) requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code (what code?) states that parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided.

The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 (Exhibit 3) (you don't exhibit statutes) allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted time frame allowed which is 14 days Paragraph 9(4 and 5) of The Protection of Freedoms Act 2012 Schedule 4. As such the Claimant has not met the minimum requirements of the Act and I cannot be held liable as the registered keeper.

The Protections of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The claimant cannot recover additional charges.

I also have the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described some costs as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

It is clear that the Claimant has no standing to pursue these matters in any way, shape or form, nor are they capable of entering into a contract with me on its own account as there was no offer to park nor have they provided the correct documentation to hold me liable as the registered keeper.

I believe that the facts stated in this witness statement are true


If something is not within your own knowledge then you need to say where you got the information and that you believe it to be true.

You can't just say "see xxx" you need to refer to exhibits.


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Deedee27
post Fri, 21 Dec 2018 - 00:04
Post #19


Member


Group: Members
Posts: 44
Joined: 20 Dec 2018
Member No.: 101,526



QUOTE (southpaw82 @ Thu, 20 Dec 2018 - 20:40) *
QUOTE (Deedee27 @ Thu, 20 Dec 2018 - 18:09) *
Statement on behalf of: The Defendant

Initials and surname:

Statement number:

Exhibits:

Date:


Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant)

vs

MISS xxxx (Defendant)

WITNESS STATEMENT OF [NAME]




1. I am xxxxx of xxxx, the defendant in this matter. Unless otherwise stated I make this statement from my own knowledge and beliefpersonal experience.

2. Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see breakdown company receipt, exhibit XXX). As the car was broken down there could have been no driver as it was towed to the site, I was not in control of where the car was dropped nor did I give instructions for the car to be left on this road. During this period I was the Registered Keeper of the vehicle and not the 'Keeper.' The day to day Keeper was at the time of the alleged incident my mechanic. You might want to reword this to something like "During this period I was the registered keeper but I was not in day to day control of the vehicle. It was in the control of the mechanic.

My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

I subsequently received a letter in the post one month after the alleged ticket was issued (see Demand Notice) Is this already an exhibit?

Upon receipt of the letter in the post I returned to the scene for confirmation. After much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were inadequate and not well lit, they were hardly visible as they were faded (see pictures of site, and google maps images, exhibit XXX) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left.

Furthermore no signs were visible from the location where the car was left. Nor was there any signage at the entrance to the road.

Upon consistent visits to the site on various days I noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions. This places the Claimant under due diligence that the supposed signs on this road were neither clear in information nor easy to see and interpret as they purposed it

After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. It is my knowledge that only the landowner can pursue a claim for trespassing where signs forbid parking.

I also understand (from whom?) that part of membership of an AOS (what is an AOS?) requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code (what code?) states that parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided.

The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 (Exhibit 3) (you don't exhibit statutes) allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted time frame allowed which is 14 days Paragraph 9(4 and 5) of The Protection of Freedoms Act 2012 Schedule 4. As such the Claimant has not met the minimum requirements of the Act and I cannot be held liable as the registered keeper.

The Protections of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The claimant cannot recover additional charges.

I also have the reasonable belief that the Claimant has not incurred the stated additional cost and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described some costs as legal representative’s costs. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

It is clear that the Claimant has no standing to pursue these matters in any way, shape or form, nor are they capable of entering into a contract with me on its own account as there was no offer to park nor have they provided the correct documentation to hold me liable as the registered keeper.

I believe that the facts stated in this witness statement are true


If something is not within your own knowledge then you need to say where you got the information and that you believe it to be true.

You can't just say "see xxx" you need to refer to exhibits.


Oh wow thank you so much

My work pattern won't allow me to work on this till morning. I'm off tomorrow so can spend time making this right and getting it ready.

I will post once able to edit at a computer in the morning (currently on my mobile)

Thank you once again. This is so incredibly helpful
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Deedee27
post Fri, 21 Dec 2018 - 20:12
Post #20


Member


Group: Members
Posts: 44
Joined: 20 Dec 2018
Member No.: 101,526



QUOTE (southpaw82 @ Thu, 20 Dec 2018 - 20:40) *
QUOTE (Deedee27 @ Thu, 20 Dec 2018 - 18:09) *


If something is not within your own knowledge then you need to say where you got the information and that you believe it to be true.

You can't just say "see xxx" you need to refer to exhibits.



Thank you Southpaw82 this was very helpful in making changes, See below and any changes you think is needed will be valued. I am so grateful for your help. Over One year dealing with this now, Can't wait for it to be over with a WIN! (Fingers crossed)

In response to your question re Point 5 - Yes this is already an Exhibit put in by the Claimant. Do I not need to put it in also or should I add my own to my Exhibits?

Thanks again

I've also had a read through the Claimants WS again. They seem to have included Legal cases to back up their point. I have omitted as suggested and will make those points in my Skeleton Argument as suggested. I just wanted to point it out so it doesn't leave me at a disadvantage.

Please see below link with pictures of their Bundle if it will help.
hxxp://imgur.com/a/Rp7k50Z

My Witness statement below.

Thank you


Statement on behalf of: The Defendant


Initials and surname: xxx


Statement number: 1


Exhibits: 7


Date:


Claim Number: xxxx

BETWEEN:

UK CAR PARK MANAGEMENT LIMITED (Claimant

vs

MISS xxxx (Defendant)

WITNESS STATEMENT



I am xxxxx of xxxx, the defendant in this matter. I make this statement from my own knowledge and personal experience. Attached to this statement is a paginated bundle of documents marked DO1 to which I will refer.

Before the date of this alleged incident on 4th march 2017 my car had broken down and a tow company collected it and moved it to xxx road to be fixed by my mechanic (see Exhibit 1). As the car was broken down there could have been no driver as it was towed to the site, I was not in control of where the car was dropped no did I give instructions for the car to be left on this road. During this period I was the Registered Keeper but I was not in day to day control of the vehicle, It was in the control of the mechanic.

My car was to be fixed or scrapped and the decision was later made to have the car scrapped.

During the time it was in possession of my mechanic a ticket was allegedly issued, however I was not aware of this.

I subsequently received a letter in the post one month after the alleged ticket was issued (see Exhibit 2)

Upon receipt of the letter in the post I returned to the scene for confirmation, after much searching I was able to see signage on the opposite side of the street from where the car had been placed. These signs were inadequate and not well lit, they were hardly visible as they were faded (see Exhibit 2 and Exhibit 3) and obscured by trees and leaves. These signs were also on the opposite side of the road from which the car was placed, and so even if the mechanic or towing company had seen the signs it would have been difficult to ascertain if they also applied to where the car had been left (Exhibit 4).

Furthermore no signs were visible from the location where the car was left (see Exhibit 2). Nor was there any signage at the entrance to the road.

Upon consistent visits to the site on various days it was noticed that cars were consistently parked on the side of the road where the car was placed. It is my belief and assumption that this points to the fact that other car owners and drivers believe that side of the road to be without restrictions.

After reviewing the signs as far as I am aware the wording in this location forbids parking, therefore there is no offer to park and therefore no contract. (See Exhibit 5 and Exhibit 6)

I also understand that as a member of an Approved Operator Scheme, The Independent Parking Committee, requires that the parking company only enforce parking on land they have the authority from the landowner to issue parking charges on their behalf. The code states that a parking company must provide written authorisation of the landowner and must be issued before they can start operating on the land in question and give them the authority to carry out all the aspects of car park management for the site that they are responsible for. It is my understanding that the claimant do not have authority to issue parking charges as no evidence of written authorisation from the landowner has been provided (See Exhibit 7).

The first indication I have of a ticket being issued is when I received a letter posted to me. The mechanic has not stated any ticket was placed onto the car and the document posted to me was not sent in line with the Protection of Freedoms Act 2012 Schedule 4 allowing the claimant to hold me liable. The Formal Demand Letter stated that I was served in line with Paragraph 9(2) of The Protection of Freedoms Act 2012 Schedule 4 however it was posted after the permitted time frame allowed which is 14 days, Paragraph 9(4a nd 5) of The Protection of Freedoms Act 2012 Schedule 4.

It is my understanding that The Protections of Freedoms Act Schedule 4 Paragraph 4(5) does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The alleged charge is greater than the amount on the Demand Notice received (See Exhibit 2)

I believe that the facts stated in this witness statement are true

This post has been edited by Deedee27: Sat, 22 Dec 2018 - 09:38
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