Witness Statement

Soddingtypical

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 .

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!

Umkomaas

Please paragraph more clearly. It's just a wall of text right now, very difficult to read.

There's no context in what, why, where, how this case came about. So trying to advise in a vacuum is difficult, possibly even dangerous if incorrect advice is given in ignorance of the actual facts.

Soddingtypical

Ok, I was reluctant to repost the Defence Statement that I sent. I was previously advised (absolutely brilliantly) by Lamilad and Coupon-Mad. I can repost if that's helpful, but just wanted to know if it's set out okay and if it's too brief. The Defence Statement was 1600 words long and I think covered all bases so wasn't sure if I needed to revisit all the points made on there, bearing in mind the judge will have both documents. Thanks for help!!

Coupon-mad

Yes that's fine as long as you are planning to also create a skeleton argument attaching your exhibits. I would be showing as exhibits, Excel v Lamoureux (Lamilad's transcript) and Henry Greenslade's wording from the POPLA Annual report 2015 about 'Understanding Keeper liability' which Lamilad himself used. It helpfully states that a keeper does not have to name the driver and can't be judged for not doing so, and can't be presumed to be the driver either.

I would also print out as evidence, the FOI from the DVLA (Google it) which says why some parking firms, including Excel, were banned for 3 months in early 2012 (pre-POFA), as it states clearly that Excel were banned for signs or statements alleging that a keeper has a legal responsibility to name the driver (same as they are trying to say now, years later), and they were also picked up for stating that a keeper could be liable, when pre-POFA, they simply could not. It's a useful FOI as it sets out the DVLA's reasons for banning Excel, for a 'serious breach' of the BPA CoP at the time, pre-POFA.

It is disingenuous (in fact questionably fraudulent) for Excel to now try to re-run that DVLA-banned argument that you are at fault for refusing to name the driver and that you can somehow be held liable, when you simply cannot.

I would also print out the blog called 'Motorist wins Appeal about CPS v AJH Films' hosted by the Parking Prankster blogger earlier in June. Although there is no transcript (yet) the case was on appeal and shot down 'agency' as an argument.

Soddingtypical

Sorry to be thick but what form does a skeleton argument take and do I have to send that 14 days ahead also?
I've spent ages trawling through old threads and can't find anything appropriate.

Thanks once again Coupon-mad

Soddingtypical

Also, am I okay to admit that I was in the car?

Coupon-mad

You don't need old threads, you need the NEWBIES thread and current nes at the same stage as you.

'Skeletons' are explained in post #2 of the NEWBIES thread - examples are there - and can be filed with 2 or 3 days to go. It's a bullet point summary to help the Judge see your defence points clearly, and to file the exhibits/legal arguments (also a copy to BW Legal).

You also need to file a costs schedule (to get YOUR costs if you win) at the same time, a couple of days before the hearing. Again, a linked example template is in the NEWBIES thread post #2 and that's easy - and does not have to be filed 14 days in advance.

LoadsofChildren123 also explained this on MadHatter's thread only yesterday, so read other threads!

Soddingtypical wrote: »

Also, am I okay to admit that I was in the car?

Yes, no problem at all.

Soddingtypical

sorry, last thing. All those things to print out - do they need to be sent 14 days ahead of the hearing also?

Thanks SO much!!

Soddingtypical

Thank you!!

Coupon-mad

Soddingtypical wrote: »

sorry, last thing. All those things to print out - do they need to be sent 14 days ahead of the hearing also?

Thanks SO much!!

No, only your WS and evidence that attaches to that, have to reach the other side & the court not later than 14 days before.

Soddingtypical

So, just to confirm... I;m going to send, via email to both (?), a copy of the witness statement that is very short in comparison to the Defence statement along with the exhibits (2 photos and a copy of an email). I'm then going to wait a week or so before sending the skeleton defence and the additional information suggested by Coupon-Mad.

Thanks again for all help. Getting nervous now ...