Claim Form - UK Car Park Management

Magnum0121

Ask permission for what? Sorry if I missed something

KeithP

Permission to represent the defendant without her being present.

System

Permission to represent the defendant without her being present.

Basically if you roll up to court attempting to represent someone, and you are not a solicitor, you'll be told to go away. The case will then be heard on papers only. So your choices are

1. Ask the court, given the circumstance, could you represent.
2. Request papers only and forget about #1

[Deleted User]

Permission to represent the defendant without her being present.

I don't see this one being granted. I suspect restoring it as a paper hearing is best you can hope for, but good luck. I hope I'm wrong.

Coupon-mad

nosferatu1001 wrote: »

Youd have to ask permission, as this is a reserved activity. SO you need to AS A MATTER OF URGENCY write to the court.
Dont delay on this. Do this now.

Hang on, he doesn't.

Basically if you roll up to court attempting to represent someone,

He isn't.

Magnum0121, please let this thread go quiet on the subject of who is having to attend court.

I have printed off the full copy of the lease and the relevant case transcripts as mentioned.
Unfortunately cannot find the Excel v Mr B one!

Which one is that?

Which transcripts are you using?

Magnum0121

These are the transcripts:


https://bmpa.zendesk.com/hc/en-us/article_attachments/208537969/JOPSON_V_HOMEGUARD_2906J_Approved.pdf?mobile_site=true

https://bmpa.zendesk.com/hc/en-us/article_attachments/206910945/High_Wycombe_Three_Approved_Judgment.pdf?mobile_site=true

https://bmpa.zendesk.com/hc/en-us/article_attachments/209202605/UKPC_v_Masterson_B6QZ4H3R.pdf?mobile_site=true

Magnum0121

Could someone please help with a witness statement?
I've had a search and can't find one on the forums that fits into residential matters

nosferatu1001

A WS is a series of facts. Starting with who the RK of the vehicle is is the usual point, and just go forwards in time from the parking event to now.

Coupon-mad

Although this one (below first link) is part of defence wording, these points about needing a consensus, and the Landlord & Tenant Act, could be squeezed into a WS about a residential car park by saying no such consultation took place, etc.

https://forums.moneysavingexpert.com/discussion/comment/74067081#Comment_74067081

and here's a WS about a residents car park:

https://forums.moneysavingexpert.com/discussion/comment/73427485#Comment_73427485

HTH

Magnum0121

First WS draft.
I'm drawing a blank here as to what else to mention without turning the WS into another defence.


IN THE COUNTY COURT - Claim No.:

Between

CPM UK LTD (Claimant)

-and-

************ (Defendant)
____________________________
WITNESS STATEMENT
__________________________

I, ****************** of **************, *********, ***********, **** *** 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 there are true to the best of my information and belief

2. I authorise ********* ******** to represent on my behalf in my absence

3. 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.

4. I assert that I am the registered keeper of the vehicle in question in this case. I was not the driver of the car at the time of the alleged contravention.

5. The claimant has no knowledge of who was driving the car on this or any occasion, but I can confirm that I was not the driver on this occasion.

6. This Claimant should never have issued to a registered keeper, a document described as a !!!8216;liability notice!!!8217; (LN) because they were not availing themselves of any right to !!!8216;keeper liability!!!8217;. This right is offered under statute to parking operators and landholders, ONLY if they comply with Schedule 4 of the POFA 2012, which Excel admit they do not. Under the applicable BPA Code of Practice at the time, a LN was a document only for cases where an operator could hold a keeper liable under the POFA. This LN was contrary to DVLA rules which prohibit misleading keepers as to whether they are the liable party.

7. The Claimant seeks to apportion blame to a keeper for not responding to their letters and for not naming the driver.

8. It is noted that there is no breach of contract as the signage is forbidding.

9. My lease does not forbid parking. A copy of the lease has been filed with this Witness Statement and mentioned in my defence.