Parking Charge Notice in work car park

KeithP

Please re-read item 8 in the list in post #9 above.

that_girl

Hello

I've received a letter to let me know I will be receiving a date and a time for my hearing later.

I've prepped my witness statement in advance using an example I found on the forum, would appreciate any feedback please!

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
[PARKING FIRM] (Claimant)
and
[NAME] (Defendant)

---

Witness Statement

---

1. I am [NAME], of [Address], [Postcode], the Defendant in this matter. I will say as follows:
2. I was an employee at [WORKPLACE] at the time of the alleged contravention.
3. On [DATE], I arrived at work, and parked my vehicle registration no, XXXXX in the car park.
4. My [WORKPLACE] sticker can be seen on the passenger side of my car, attached as Exhibit A.
5. Upon receipt of a parking charge notice from the Claimant, it was stated that I had breached the terms and conditions of the parking for ‘unauthorised parking’.
6. The terms and conditions of the car park are attached as Exhibit B and there is no evidence that my car is in breach of any of these terms and conditions which make up the contract upon entering the car park.
7. It is my position that the Claimant has no standing, or course of action, to litigate this matter as no contractual agreement was broken, therefore there are no costs to claim.
8. 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 believe that the facts stated in this Witness Statement are true.

that_girl

Bumping this up as i've now received a letter with my court date which is in about a month.

Would really appreciate some feedback on my witness statement?

thanks in advance

that_girl

Also, I've just noticed that this letter should specify a deadline for me to submit a witness statement, however it doesn't even mention this? it says something along the lines of 'unless the claimant does by *.**pm on the **/**/2019 pay to the court the trial fee of £80 or file a properly completed application, then the claim will be struck out without further order and unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred'

is that normal?

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

You need to file and serve a Costs Schedule at the same time too.

Le_Kirk

Your witness statement is on the short side but it adequately tells the story of what happened and you are attaching the evidence, however, if the PPC/solicitor have added the fake £60 (or similar) costs then you need to add in the section from the Abuse of Process thread by beamerguy post # 14 by Coupon-mad.

that_girl

KeithP - nope, there is nothing on the back. All the letter tells me is the date, time and location of the hearing, and then a paragraph about the trial fee needing to be paid by the claimant by a date and time otherwise the claim will be struck out. No mention of anything else. Not sure if anyone else has had that before? I'm guessing once this fee has been paid i'll receive another letter which will request the witness statement? and i've not heard of a Costs Schedule before either?

Le_kirk - thanks for the feedback, they have added this on so i'll include it in the witness statement

Le_Kirk

check out the NEWBIE sticky post # 2 for cost schedule examples. This is for you to claim YOUR costs from the claimant when you win.

Coupon-mad

You need to do a supplementary WS as well - search the forum, and a costs schedule.

that_girl

I've contacted the court today to see if the court fees were paid and they have been so the claim is still going ahead. I have a feeling this may have been some kind of tactic as i've received no further correspondence to advise me of any sort of witness statement or documents which need to be provided to them. If it wasn't for this forum I wouldn't have a clue that I need to bring any further documentation with me.

Coupon-mad - i've done my cost schedule using the blank template on the forum and read through the supplementary WS on the 'abuse of process' thread. Do i need to include the entire post? this seems a bit much and looks more like a defence?