pcm parking ticket but disabled

nosferatu1001

Otherwise known as "documents"

Of course, having read the Newbies thread you will know this!

Usually it is 14 days before, but some courts go for a LOT earlier than this. Besides which, your WS should basically be done - so show us a draft.

daffas6688

Is my witness statement the same as my defence what I submitted? Do I add extra to it in form of photos I've taken? I see that I have send the claimant my witness statement too? Or do I write something different. The claimant paid court fee so know they are intending to go to court. Sorry to be confused but read so many threads I am really lost. Sometimes think I should have paid at beginning . Cannot see on court letter what date witness statement has to be in only date which claimant had to pay fee by. But I will send asap.

DollyDee_2

Quoted from Bargepole's Court Claim Procedure (Post #2 Newbies Thread)

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.

Coupon-mad

daffas6688 wrote: »

Is my witness statement the same as my defence what I submitted?

No.

All your questions are already answered in post #2 of the NEWBIES thread, so please re-read it, and show us your draft Witness Statement and tell us what evidence you will be filing as well.

The sticky thread tells you that every stage now must be copied to the Claimant as well.

daffas6688

I have removed sensitive information from my original defence and hope I can successfully drop box it here.
I have taken photos of signage which isn't actaually near where I was waiting. On entrance to this estate/ road it is very difficult to see a signs saying private Rd. First of all due to the acute turn you have do take to get onto it and also not very well lit. There are also trees obscuring view too. I will take photos of this tomorrow and print to send off. I also have photos of the normal school run where blue badge cars are parked all over the place and no action being taken. I am going to point out that this was a rare occasion that I was in too much pain to walk too far and feel this was an unfair ticket.( This company is inconsistant as I have spoken to several people that have thrown two or more of their tickets in the bin with no action being taken)

daffas6688

https://www.dropbox.com/s/d05rahjpn7n7nwe/defence%20%282%29.odt?dl=0

daffas6688

Can my defence be altered to make a witness statement? I will study those in newbies 2 and try and do something tomorrow. Still can't see the date I have to submit my witness statement but I am heading towards sending before the date the claimant had until to pay the court fee. ( which is the 8th September) Do I have to send the photos too? Having to send this statement to the claimants solicitors too I am wondering if I have to get copies of photos too?

Coupon-mad

OK, I remember your defence and it's good.

So the stage you are at now is to put together your evidence and exhibits - the things and cases mentioned in your defence. Such as a copy of your Blue Badge, any photos you took (if any), a copy of the Blue Badge handbook that says disabled drivers can park even on double yellows (this was a private road but it wasn't evident, so you took it to be public highway and put PCM to strict proof that it isn't).

A copy of Vine v Waltham Forest and the Jopson case, that you mentioned in your defence, etc.

Then you write a witness statement of what happened (a shorter version of some bits from your defence, in effect: ''I did this, then I did that'' including any appeal made after the event and how this harassment has made you feel distressed and intimidated for parking in good faith on a public road, as far as you could reasonably see.

Can my defence be altered to make a witness statement?

Yes, shortened to state just what happened on the day and afterwards (minus the legal arguments, but plus the photos & Blue Badge and evidence).

The Claimant's solicitors version can be emailed to them, no cost to you.

The Court version should be all nicely printed out in a file or document wallet, with numbered evidence. And a FULL duplicate of everything (plus proof of having sent the email evidence and WS to the solicitors, and when!) as a bundle for yourself, to take to the hearing.

The date should be on the back of the letter, where it says about exchanging the evidence both parties intend to rely upon, it might say ''not later than...'' (could be 14 days before the hearing date, typically)?

nosferatu1001

If you're not sure, post your hearing letter here. Redact usual details.

daffas6688

Evening I have written evidence/witness statement and will try and dropbox it for people to look at. I am not sure how to end this statement but planned to put something along the lines of " My statement is true and my account of events . In my statement I have mentioned I had written to the Estate managers about my penalty charge and their lack of disabled bays and their response of not being able to overturn ticket and to appeal to the parking company. Do I includea copy of this or omit it. They just seemed to believe I was obviously parked wrong so don't want to include if it may inhibit my case. I will send the photographic eveidence to the parking companies solicitors by email attatchment but do I just print on A4 paper for court or get proper photos done? Thank you in advance