Court Claim Form N1 Received for PCN 18 months ago

tonkasdog

For all I know they could have been asked to defend/justify what they have put in the particulars of claim

Coupon-mad

The parties shall by 4pm on 15 Aug file at court and serve on each other any written evidence which they propose to rely, which shall include statements of the parties themselves IF they wish to give evidence.

Is this basically the witness statement they are referring to?

Yes.

Have you now filed your own WS and evidence?

CEL will then discontinue IMHO.

tonkasdog

Hi Coupon-mad,
I've put today aside to work on my WS, I know it's pushing it fine but I simply haven't had the time as the business is going through a very busy period. I don't have any evidence to submit. I have printed off a witness statement example and intend to try and compile mine along the same lines whilst making it as relevant to my defence as possible.
I'll post it here before sending off and emailing the courts. Do you know if the WS needs to go to Nottingham where the defence was sent or will it now go to the court where the hearing is being held? Can't seem to find an answer to this.
Thanks

Quentin

Was the hearing moved from Nottingham at your request? It should be at your chosen court, not the claimant's.


You send a copy to the Claimant as well as the Court dealing with this

tonkasdog

Hi Quentin,

I asked for the court near me but it's gone to one about 10 miles away, I read as it's a Ltd company that's the defendant it's not always the court you request

Quentin

Yes that's correct


If you win you will get your travel expenses paid by the claimant for attending court (ask the judge for them if/when you win)

tonkasdog

Hi guys, this is short I know but have to post within the next hour, I'm guessing something is better than nothing.

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Witness Statement

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1. I xxxxx, of xxxxxxxxxx, acting on behalf of the Defendant in this matter. I will say as follows:

2. It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident, but I was not the driver of the vehicle
so have no knowledge of the events, or signage terms on the date in
question and the Claimant did not identify the driver.

3. The defendant has no liability, as the defendant is the Keeper of the vehicle and the Claimant must rely upon the strict provisions of the Protection of Freedoms Act 2012 in order to hold me responsible for the driver!!!8217;s alleged breach.

4. As mentioned in my defence it is believed Civil Enforcement do not hold a legitimate contract at this car park and have no legal right to bring a claim in their name. I have not been presented with clear authorisation from the landowner for Civil Enforcement to issue tickets on their land; there is no clear evidence of any contract.

5. As mentioned in my defence, Civil Enforcement has added unrecoverable sums to the original parking charge. Overstaying in a car park by 56 minutes could not realistically cause the parking company to lose £50/£100 therefore the charge would be deemed a penalty, unenforceable in a consumer contract.

5. The claimant described a charge of £50 as !!!8216;legal fees!!!8217; not !!!8216;contractual costs!!!8217; CPR 31.14 does not permit these to be recoverable in the Small Claims Court

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I confirm that the above facts and statements are true to the best of my knowledge and recollection.

Quentin

Looks like a defence rehash rather than a ws

tonkasdog

Isn't a witness statement basically an expansion of the defence points?

KeithP

A Witness Statement is the witnesses statement of what happened.

E.g. "I drove into the car park". "The machine wouldn't accept money". "Exhibit Tkg01 shows the displayed ticket".

I've not re-read your thread, but those type of things are typical examples.