PCN from CPM

KeithP

Feel free to post your Witness Statement here for comment if you wish.

But it's up to you. No obligation, of course.

Akumo

I, ……………………., am the defendant in this case.

1.The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.


2.I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.


3. I recall receiving some letters in the post from the claimant and I ignored them as I believed them to be scam letters due to
i. The excessive amounts being claimed.
ii. Being a tenant at that time
iii. The vehicle was being loaded/unloaded


4. The claimant has never sent any documentation detailing what they shall rely on as evidence.

5. As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.


6. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case.


7. Due to the nature of the car park and with residents having to load and unload whenever they move in or out of the property the Housing Association have not made any attempt to address this point despite phone calls and emails requesting that this issue be addressed.



Are the two paragraphs below relevant?:
8. The copies of the letters that the claimant has claimed were sent to me are not compliant with the Protection of Freedom Act 2012 and therefore cannot claim keeper liability. Firstly, the notices to keeper in relation to the parking charges dated “..........” do not identify who the creditor is as required by Paragraph 8(2)(h) of the POFA 2012.


9. Finally, Paragraph 8(2)(f) requires that any notice to keeper gives 28 days from the day after the day the notice was given for full payment or the details of the driver. All of the notices to keeper issued do state this but they also state that payment must be made within 28 days of the date of the notice, which is conflicting information and not compliant with POFA 2012.


I believe that the facts stated in this Witness Statement are true.


Signed……………………..



Dated………………………





Is the above suitable as a witness statement?


Am I OK emailing to both the claimant and the local court or do they need to be posted?



Thanks very much in advance

Akumo

Is anybody able to offer some advice on the above draft please?
I have looked at DiegoFuego's final Witness Statement draft and the comments made by Coupon-Mad as linked in the Newbies thread:
forums.moneysavingexpert.com/showthread.php?t=5504705&page=5
Was hoping that someone could just give me some feedback on my witness statement.
I have of course changed some things round to make it relevant to my case but I am unsure if I need to include additional things or reword various parts above.

Thanks in advance for any help.

[Deleted User]

Could be better. Could you describe the car park, the nature of the events. The primary purpose should be to tell the story?

Photos as exhibits to the statement?

Coupon-mad

More evidence needed, as well as photos.

As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.

Then your lease will be evidence. Get a copy even though you are not there any more.

Other cases that support your defence, file the court transcripts (Pace v Noor, Link v Parkinson and definitely the appeal case of Jopson v Homeguard). All of which are hosted by the Parking Prankster in his Case Law pages.

Are the two paragraphs below relevant?:
8. The copies of the letters that the claimant has claimed were sent to me are not compliant with the Protection of Freedom Act 2012 and therefore cannot claim keeper liability. Firstly, the notices to keeper in relation to the parking charges dated .......... do not identify who the creditor is as required by Paragraph 8(2)(h) of the POFA 2012.

9. Finally, Paragraph 8(2)(f) requires that any notice to keeper gives 28 days from the day after the day the notice was given for full payment or the details of the driver. All of the notices to keeper issued do state this but they also state that payment must be made within 28 days of the date of the notice, which is conflicting information and not compliant with POFA 2012.

I'd say no.

Akumo

Hi I have a copy of the Tenancy agreement have scanned it and taken two copies, one for the claiment and one for the court, likewise I have also done this for Jopson V Homeguard.
Will get copies of the others as well.

I thought those two paragraphs were not relevant thus my question mark, just wanted to make sure.
I have some photos of the parking bay with my car in the bay, rear door not able to be fully opened.

Coupon-mad

So your WS needs to refer to the evidence (by number, all evidence and pages must be numbered).

Akumo

I, ……………………., am the defendant in this case.

1.The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.


3. On the day in question I was moving bulky items that belonged to me out of the flat due to a breakdown in the relationship with my partner at that time.


4. The design of the car park is such that it is not possible to fully open the car doors in order to load a car with bulky items without damaging other cars in the car park.



5. We had been living apart since early November in 2015. This is the reason for my car being registered at a different address.


6. I recall receiving some letters in the post from the claimant and I ignored them as I believed them to be scam letters due to
i. The excessive amounts being claimed.
ii. Being a tenant at that time
iii. The vehicle was being loaded/unloaded


7. The claimant has never sent any documentation detailing what they shall rely on as evidence.

8. As a tenant/former tenant of the property in question there is no clause within the lease covering parking or changes to parking.


9. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case.


10. Due to the nature of the car park and with residents having to load and unload whenever they move in or out of the property the Housing Association have not made any attempt to address this point despite phone calls and emails requesting that this issue be addressed.

Is the above better?



Should I also include emails sent to the housing association where I expressed my concrens over the lack of process/procedure to ensure that residetns are not ticketed when loading/unloading a vehicle?

Presuably I need to include a contents page detailing what evidence can be found on what pages with the WS on the first page?


Do I need to reference those pages within the WS as well?


For instance for para 9 should I rewriote it to:
9. The car was located at the only appropriate location on site in order to allow for the loading/uloading of bulky items without causing damage to any other vehicle, it was necessary for both rear doors to be fully open at times in order to be able to load those bulky items into the car, Jopson V Homeguard has already set a relevant precedent that is applicable to this case, see evidence B page 7.



Thanks once again.


Akumo

Coupon-mad

Should I also include emails sent to the housing association where I expressed my concerns over the lack of process/procedure to ensure that residents are not ticketed when loading/unloading a vehicle?

Definitely, and refer to this in your WS.

Presumably I need to include a contents page detailing what evidence can be found on what pages with the WS on the first page?

Yes.

Do I need to reference those pages within the WS as well?

Yes.

Akumo

Hi, A question borne out of curiosity, should I have received any documentation from either the claimant or the courts prior to the court appearance?


Thanks


Akumo