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  • FIRST POST
    • Soddingtypical
    • By Soddingtypical 28th Jun 17, 1:47 PM
    • 26Posts
    • 18Thanks
    Soddingtypical
    Witness Statement
    • #1
    • 28th Jun 17, 1:47 PM
    Witness Statement 28th Jun 17 at 1:47 PM
    Hi all,
    I was hoping someone might have a check over my witness statement. I've deleted the thread with my comprehensive Defence Statement as was advised the claimant may use information from the thread. I will, however, put all the information back on (to hopefully help others) once the court appearance has passed which will be in about three weeks.
    This is the witness statement:

    1. I, xxx xxxxxx (nee xxxxxx) live at 1xxxxxxxx, xxxxxxxx and am the Defendent in this case. I make this statement in support of my defence and refute Excel Parking Services’ claim that I should pay a Parking Charge Notice (and ensuing costs) for parking in xxxxx in xxxxx on xxx xxxxxxx 2011. This statement is true to the best of my knowledge and belief.

    2. On xxxxxx 2011 at approximately 5pm, my car was parked on xxxxxxx, xxxxxxx ; I was not the driver of the vehicle but was a passenger, along with my 1 year old son.

    3. On entering the car park, I witnessed the driver of the vehicle purchasing a ticket for £1 which the signage indicated would cover the parking charges for a period of 2 hours (please see attached document A that shows the signage in 2013 – the only evidence available as the alleged contravention took place so long ago). It was the evening of one of the shortest days of the year and any small print on the signage that may or may not have indicated otherwise was poorly lit by insufficient lighting (please see attached document B).

    4. The driver left the car park within the two hour paid for period (18: xx:48 according to Excel) in good faith that all parking charges had been adhered to.

    5. I was sent a PCN several weeks later but was advised not to respond as the PCN was unenforceable and all relevant parking charges had been paid.

    6. I heard nothing further for a number of years until the occupant of my previous address, which I hadn’t lived at for several years, managed to contact me to inform me that they had in inadvertently opened post that indicated that proceedings were being threatened against me by BW Legal.

    7. I immediately emailed and called BW Legal (see attached document C). On the phone call I was told that it was too late and that I should either pay the full amount or wait for further correspondence regarding a court appearance. I never received a response from the email.

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


    Thanks everyone!
    Last edited by Soddingtypical; 28-06-2017 at 1:53 PM.
Page 2
    • Coupon-mad
    • By Coupon-mad 16th Jul 17, 8:50 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    You would be lucky to even get any hours @£19 allowed, it's rare.

    You must file your costs schedule beforehand, with the court, and with the other side by email. And take everything with you including proof of your daily wage/annual leave taken.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 16th Jul 17, 8:57 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    Oh, and is the max daily wage £95?
    • Coupon-mad
    • By Coupon-mad 16th Jul 17, 8:59 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    Yes, you can check this on the UK courts webpages.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 4:55 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    BW LEGAL ARE DISCONTINUING THE CLAIM!
    I'm beyond annoyed. I am absolutely prepared and have everything printed and ready and have just received a call saying the claim has been discontinued. How on earth they got my number I have no idea. I said that I wanted it to go to court but they said that it was no longer necessary. I'm still going tomorrow because I don't trust them. Plus, I've already got the day off work which I will have to pay for. I wanted it to go on record how absolutely ridiculous the claim was. IA valid ticket was bought. The correct number plate and I wasn't driving. And it was nearly 6 years ago.

    Any advice?
    • Umkomaas
    • By Umkomaas 17th Jul 17, 5:05 PM
    • 13,613 Posts
    • 21,347 Thanks
    Umkomaas
    Consider a claim against the PPC and BWL for breach of the Data Protection Act. Not to be done in a rush, you will need to be fully in charge of your brief, it will take more court-related work on your part.

    Have you read Timothea's advisory thread on making a DPA breach claim?

    I'm not sure (as in I don't know) whether you can claim for loss of a day's leave/pay for their undue lateness (unreasonableness) in discontinuing. I'm not sure whether you will be called into court, but if you're going down there anyway, make enquiries. Make sure you have a printed cost schedule to hand in, if that's possible. I'm not the expert on the court front, but others are likely to be along later.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 5:08 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    Thanks Umkomaas

    I'm annoyed that the defence will now not be on record and it's absolutely water tight. I had 5 defences and they couldn't argue to any.

    It's caused so much stress and wasted so much time I want something to come out of it.
    • Umkomaas
    • By Umkomaas 17th Jul 17, 5:19 PM
    • 13,613 Posts
    • 21,347 Thanks
    Umkomaas
    I sympathise entirely with your anger and frustration. The problem is with these roboclaims is that no one on the PPC side reads anything until the last minute. It's only then when they realise if they have any chance or not.

    Unfortunately they are very much in the driving seat, and will remain so until someone really bites back and they are hit hard. But the county court is not a 'hard hitting' place for a PPC with much greater financial resources than their average 'victim'.

    As your user name says 'Sodding typical'!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:14 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    I've done some research. I got the call at 16.38pm and received the email which contained the notice of discontinuance at 5.00pm. According the the court filing of documents guidance, after 4pm is considered the next day. If BW Legal didn't file the documents with the court until a similar time it means that the date of discontinuance will be tomorrow (the date of the hearing).
    "38.6 Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."

    Therefore I should still be able to claim for costs. Is that right?
    • Lamilad
    • By Lamilad 17th Jul 17, 7:22 PM
    • 700 Posts
    • 1,533 Thanks
    Lamilad
    "38.6 Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."

    Therefore I should still be able to claim for costs. Is that right?
    Correct! You should either email the judge or call into court with your costs schedule asap and ask that your costs are awarded according to the above CPR.

    Be sure to include additional 'unreasonable behaviour' costs such as LiP.... I'd go for 5 hours at £19ph but try 7 hours if you're feeling brave.

    If the judge goes by the book, they will tell you to pay the fee of £255 to set up a costs hearing. Then it's up to you if you want to do that. IMHO you would be successful and the £255 would be added to their bill
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 7:27 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    Yes, ask to be allowed to go and see the Judge anyway, even if the court Usher tells you ''it's been discontinued, off you go, byee''. Sit and wait and see the Judge and ask for your wasted costs - you don't have to say when you read the email...

    To steer the judge to realise this might be a case to award punitive (extra) costs, quickly have a read of LoadsofChildren123's post about claiming costs, as linked in post #2 of the NEWBIES thread. Print it out as a crib sheet. Take proof of your day's leave and daily wage/income and have to hand the CPR rule that says that a person can claim for 'loss of leave', not just loss of salary, (again that's in the NEWBIES thread post #2).
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:33 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    I thought you could only claim for a maximum of three hours! I've already filed it with the court but can I change it now? The reality is that I've spent about 50 - no exaggeration.
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 7:35 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    You can't claim for loads of hours, you MUST be proportionate or the Judge will not play the game.

    Please read LOC123's version of a costs application, you will need it. No-one is telling you to change your costs schedule (you can't) but I am telling you to read the example by LOC123 and adapt your argument to show unreasonableness as well, for which a Judge can award exemplary costs ON TOP.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:36 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    How do I find out the name and email of the judge?
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 7:38 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    You are not emailing the Judge, please read what's been said.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:40 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    But can I change it from 3 to 5 hours now?
    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:41 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    Sorry, Lamilad suggesting emailing the judge

    "Correct! You should either email the judge ..."
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 7:44 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    But can I change it from 3 to 5 hours now?
    Originally posted by Soddingtypical
    Not as such, as I said you are NOT changing your mind. This will be a conversation with the Judge about punitive costs for their conduct. Please read LOC123's example before one of us dies...!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 7:50 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    Okay! Soz. I'm just writing out the CPR Stuff before it goes from my mind. My head is brimful of legal stuff.
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 7:51 PM
    • 48,261 Posts
    • 61,746 Thanks
    Coupon-mad
    That's why I said to print her version out as a crib sheet.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 8:08 PM
    • 26 Posts
    • 18 Thanks
    Soddingtypical
    Okay, yeah. That was super helpful. Thanks for directing me to it.
    I don't have a printer unfortunately. Going to have to dash somewhere to get it all printed first thing.
    Last thing - I still don't get whether I should redo the costs schedule or just discuss with the judge?
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