Parking Change Notice (Pictures Attached)

YDARB

I have my court date for 30nd of January. I have written up a witness statement. Is there anything I should add or remove? Thanks

IN THE COUNTY COURT

CLAIM No: XXX

BETWEEN:

VEHICLE CONTROL SERVICES (Claimant)

-and-

XXX (Defendant)

________________________________________
WITNESS STATEMENT
________________________________________

1. I am XXX , of XXX, the Defendant in this matter.

2. 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

3. I deny every allegation set out in the Particulars of Claim.
4. Whilst I am the Registered Keeper of the vehicle concerned, there is no evidence of the driver.

5. The Defendant denies being the driver at the time of the supposed event, and therefore puts VCS to strict proof that any contract can exist between the Claimant and themselves.

6. More than one family member, who I have no obligation to name to a private parking firm, have access to this vehical. It remains the burden of the Claimant to prove their case.
7. I have visited the site of the alleged breach and have read the signage. The signage does not state parking on the road is prohibited, the sign on the gate reads 'By entering this private land you are entering into a contract with Vehicle Control Services'. From the claimants evidence the vehicle has not entered past the gates.
8. Each time I have visited the site I have seen a different card parked on this land, leading me to believe other motorist do not believe they are in breach by parking there. I have picture evidence of this.
9. Point 5.3 of my deface refers to ParkingEye Ltd v Beavis [2015] UKSC 67 stating that A parking charge cannot be dressed up by a non-landowner parking firm. I have a copy of this as evidence.
10. Points 6.1, 6.2 and 7 of my defence refer to POFA. I also have a copy of this for evidence.
I believe that the facts stated in this Witness Statement are true.

Signature
Date

KeithP

You appear not to have looked at any other Witness Statement.

This forum is awash with Witness Statements. There are several linked from post #2 of the NEWBIES thread.

You are not referring to your evidence at all - again see other examples.

Check your spelling of the word vehicle.

Para 9 mentions Beavis. Aren't you going to explain your point in some detail?
Check your spelling in para 9 too.

Para 10 also need some explanation of whatever the point is that you are trying to make. You mention POFA but don't say why you have mentioned it.

YDARB

Is this any better for my witness statement?

1. I am xxx, of xx, the Defendant in this matter.
2. 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
3. I deny every allegation set out in the Particulars of Claim.
4. The Claimant has provided no evidence that the vehicle is parked on private land. It is on a public road, not on any yellow lines nor causing an obstruction.
5. No 'charge notice' ('CN') was affixed to the car..
6. No contravention or breach of clearly signed/lined terms occurred
7. The driver was properly informed about any parking charge, either by signage or by a CN.
8. The Claimant has not stated whether they believe the Defendant was the registered keeper and/or the driver of the vehicle and has therefore failed to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.
9. The claimant has not stated how any terms have been breached which is a requirement requirements of Practice Direction 16 7.5.
10. It is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass.
11. The Defendant, or any driver of the vehicle, has not entered into any contractual agreement with the Claimant.
12. The claimant's signage is not set out in a sufficiently clear manner.
13. The defendant has not entered into a contract with the claimant.
14. A parking charge cannot be dressed up by a non-landowner parking firm.
15. The Claimant has not provided proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation.
16. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given.

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

YDARB

Any help would be appriciated

nosferatu1001

"You are not referring to your evidence at all - again see other examples."
You still havent

You are not writing a defence
You are writing a WITNESS STATEMENT

That is a series of facts
It is NOT where you *argue*

4) Where is your evidence it is a public road?
5) DOes their own evidence show this? Do they allege one was? If NO to the second, then why bother?
6) That is not a fact.
7) was NOT properly informed?? How could a charge notice inform you - it only tells you after the event!
8) Thats still an argument
9) The first bit is a fact, the second is an argument and presumably one you made in your defence? If so why are you repeating it?
10) That is a fact but again, surely in your defence already
11) Assertion not fact.
12) ASsertion not fact. FACTS are needed. So, how many signs were within X metres of the vheicle? Same side of the road? Does it even matter, if you have proven they ticjketed on public road where they have no authority?
13) Hard to tell - if you were teh driver thn you may have done.
14) A complete nonsense of a setence.
15) Gonna guess thats directly from your defence? And its randomly point 15 here, entirely unrelated to point 4 where surely it would go? Besides, its an argument. Not a fact...
16) Still an argument, again gonna assume from your defence

Look
Start again
Write the facts of the day, and REFERENCE IN THERE your EVIDENCE to support your assertions. If you assert they have not complied with POFA - PROVE IT. IF you assert they have been ticketing on land they have no authority over, PROVE IT.

YDARB

I haven't got a chance of winning this. I guess I wil just have to pay up

Mrs44474

How did this go??