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    • Soddingtypical
    • By Soddingtypical 28th Jun 17, 1:47 PM
    • 26Posts
    • 19Thanks
    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 3
    • Coupon-mad
    • By Coupon-mad 17th Jul 17, 8:21 PM
    • 51,452 Posts
    • 65,048 Thanks
    Coupon-mad
    I would not re-do the costs schedule, just take it plus ask for more, based on their conduct. Do not let an Usher tell you to leave, if the case is no longer on the list, insist on 5 minutes with the Judge on the spot (be very polite and no need to mention when you read the discontinuance email nor mention any phone call, play dumb).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Soddingtypical
    • By Soddingtypical 17th Jul 17, 8:55 PM
    • 26 Posts
    • 19 Thanks
    Soddingtypical
    What does PD stand for in loadsofchildren's doc. please?
    • Umkomaas
    • By Umkomaas 17th Jul 17, 9:02 PM
    • 15,428 Posts
    • 24,124 Thanks
    Umkomaas
    What does PD stand for in loadsofchildren's doc. please?
    Originally posted by Soddingtypical
    Haven't gone to the doc, but it's likely to be Practice Direction.

    https://en.m.wikipedia.org/wiki/Practice_direction
    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.
    • Lamilad
    • By Lamilad 17th Jul 17, 10:57 PM
    • 1,162 Posts
    • 2,317 Thanks
    Lamilad
    Sorry, Lamilad suggesting emailing the judge

    "Correct! You should either email the judge ..."
    Originally posted by Soddingtypical
    If you were going to email the judge you would send the email to the court FAO: Judge xxxxxx or FAO the presiding judge in claim no.xxxxxxx

    You can't email a judge directly. Coupon mad is right - you should try speak to the judge in person if at all possible
    • Soddingtypical
    • By Soddingtypical 18th Jul 17, 3:06 PM
    • 26 Posts
    • 19 Thanks
    Soddingtypical
    I got costs! An advocate for the other side turned up and approached me before the hearing to say I didn't need to go in and did I accept the discontinuance but I did not engage with her and just said that I wanted to see the judge anyway.

    The judge started with the discontinuance and asked if the reason it was being discontinued was because it was pre 2012 and therefore there was no case to bear if I wasn't admitting to being the driver (I wasn't the driver!). The advocate just went along with it and said it was but don't think she even had many details. I think she was expecting not to go into court.
    The judge had received my costs schedule and said that he would go through it. He didn't give much away and, at points, seemed like he was veering towards judging against the costs being awarded but systematically went through the costs schedule to which the advocate argued for every point. The judge said that, despite the fact the email had been sent yesterday, that didn't give me enough time to change leave. He wanted proof and I had printed out the email with the time stamp on so that satisfied him. The advocate argued that I couldn't claim for loss of earnings because I could have not come but the judge said that if I had not come, I wouldn't have been able to claim for costs. He also asked her why she had come if they had not expected me to come and said "what is sauce for the goose is sauce for the gander".

    When he got onto the additional costs, he asked why the claim was unreasonable and I stumbled a bit here with nerves but managed to get across that there had never been a case to answer because not only was it pre 2012 which the solicitor knew was pre POFA but also because I had actually bought a ticket. He actually went through the evidence at this point and saw the PDT log and looked a little bit annoyed. He said "there isn't a weak claim that needs strong litigation to win, there is no claim at all to answer" or something very similar. He asked the advocate to comment on it and she said that she had just been told to come to court to discontinue the claim and because "the claim has been discontinued to this is immaterial" or something similar.

    Anyway, he awarded me loss of earnings and travel and 3 hours litigant in person. I had claimed for £20 postage, photocopying and printing but he only awarded £5 as he said I hadn't needed to do copies for everyone. A grand total of £175.

    Thanks so much everyone for your help. Thanks to Coupon-mad, Lamilad and Umkomaas - really couldn't have done it without you and probably would have just paid up. I'll start a new thread with all the documentation on from beginning to end so other people can use it they want it. I'm very behind with my own work after spending so long on this but will put it up at the end of the week when I removed all personal information from it.

    Thanks again. xxx
    Last edited by Soddingtypical; 18-07-2017 at 3:14 PM.
    • Umkomaas
    • By Umkomaas 18th Jul 17, 3:12 PM
    • 15,428 Posts
    • 24,124 Thanks
    Umkomaas
    Great feedback, ST and good you received some costs - but rarely ever enough to cover all your time spent in fighting this. Disappointingly though, never enough to cause a PPC to think twice about launching exactly the same case against the next unsuspecting victims, most of whom will meekly stump up to avoid court.
    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.
    • Coupon-mad
    • By Coupon-mad 18th Jul 17, 11:03 PM
    • 51,452 Posts
    • 65,048 Thanks
    Coupon-mad
    Fantastic, you got £175! Well done!! What a brilliant update!

    He also asked her why she had come if they had not expected me to come and said "what is sauce for the goose is sauce for the gander".
    What goes around, comes around. Hahaha!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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