Witness statements

pugger

Are witness statements actually a valid alternative to showing the contract at POPLA? If they are valid do they need to be recently dated?

Marktheshark

Anything is valid at the court of the Kangaroo, except yours thats is, you are a liar as far as POPLA are concerned.

pugger

So a statement signed 7 months ago would be classed as valid?

ColliesCarer

Which PPC?

pugger

AS Parking

Marktheshark

POPLA are not Legit in the sense as we know it, its a kangaroo court at best.

ColliesCarer

pugger wrote: »

So a statement signed 7 months ago would be classed as valid?

Anything may be taken as valid by POPLA unless you challenge it.

Has this been supplied in their evidence pack for POPLA?

If so you need to send a rebuttal to POPLA - use submit evidence option to add the extra rebuttal points

Try using Search the forum function to see if they've supplied it to others and how they have rebutted this "evidence"

Check out the landowner company the witness statement is supposedly from using
opencorporates.com
to see if the person who signed it is one of the directors and could be a named signatory of the landowner - include the link address in the appropriate place in the rebuttal I've supplied below if the signatory is not listed as a director.


Here is general rebuttal of a witness statement for you to adapt

No authority to levy charges (or include what ever your challenge about no authority was entitled)

I contest the evidence they have supplied in rebuttal of this point.

The letter AS Parking hold on file allegedly confirms the existence of a contract and gives them ‘authority’ to issue parking charges on property owned by xxxx. The letter, dated xx/xx/xx (7 months earlier than the charge was issued), is not witnessed and does not confirm anything about the contract.

Nor is it clear if it is even from the landowner at all as it was signed by a 'xxxxxxxxxx' who is not a named signatory for the business
(opencorporates.com/companies/)
and who, therefore, has no right to issue AS Parking with any form of authority to issue charges. It is also not clear whether this person signed on the date of the letter or when this evidence was put together for the purpose of this appeal.

The letter does not show that AS Parking can form contracts with drivers at all and merely states AS Parking has the authority to ‘manage parking arrangements at some of our properties’.

However irrelevant given the signatory's non director status within the business, the witness statement does not specifically state they have authority to issue charges at the specific location concerned for this charge, nor does it show whether AS Parking has any right as creditor to pursue parking charges in the courts in their own name if necessary.

I believe this letter should be disregarded as it does not provide satisfactory evidence to confirm AS Parking have the right to issue charges on behalf of the landowner at the location concerned and pursue payment of these charges through the courts in their own name.

They have created a supposed contractual barrier in an attempt to hide their unlawful claim. The reality is, the landowner is the only person who can authorise this type of activity and I see nothing in the evidence supplied to prove they have the right to act as agent to the landowner.

HTH

Mike172

I thought POPLA were ok?

Thought it was IAS that was a joke?

fisherjim

Mike172 wrote: »

I thought POPLA were ok?

Thought it was IAS that was a joke?

There are jokes that make you smile, and ones that make your sides ache!;)

ColliesCarer

Mike172 wrote: »

I thought POPLA were ok?

Thought it was IAS that was a joke?

POPLA are much better but they will only consider the evidence submitted to them - they won't do any detective work.

pugger

Thanks. This exact same witness statement was sent in as evidence for another POPLA appeal last year.