*URGENT HELP* Appealing Parking Charge taken to court

GiaPetite

Yes that's why I am asking questions here for help as these people are best experienced. However I get hurtful comments that make me feel stupid for not understanding this even though its tricky.

Quentin

I meant can't you get someone at your end to assist you going through this forum, it's advice in the FAQ and the replies mounting up in this war and peace thread

nosferatu1001

You need to get some help from your side - someone in person, to sit down with you and read this thread AND the newbies thread

You can of course talk about a) being the RK at the time - that you are no longer the keeper of the car is irrelevant, entirely b) that someone else was the driver and c) ythe driver was authorised to be there

You MUST get writing a WITNESS STATEMENT
This is NOT a defence
It is nothing like a defnce
It is a series of *facts* about the parking event. So for example - at the material date you were teh registered keeper of vehcile XYZ123.

Have you found the example CEL witness statement yet? Please jsut answer YES or NO.

GiaPetite

Hello,

Yes I found it.

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
Sally6588 (Defendant)

---

Witness Statement

---

1. I am Sally6588, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I am a bona fide member of the XXXXX Gym, and attach evidence of membership as Exhibit A.

3. On [DATE], I visited the Gym, and parked my vehicle registration no, XXXXX in the car park.

4. Gym members are granted exemption from parking charges whilst using the Gym. Evidence of this is contained in a confirmation letter provided by the Gym, dated XXXXX, and attached as Exhibit B.

5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence, however they have elected to pursue this matter via litigation.

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

Signature
Date

I will start writing one and then post it here and ask if I have any more questions. Thank you.

Quentin

If you have used your real name in that draft you need to edit it out.

The ppcs monitor this forum and can use your posts against you

Coupon-mad

No, she's copied verbatim, right down to the username of defendant (and all the ''gym'' facts relating only to that case) the WS bargepole wrote for Sally's CEL case win recently.

But Gia, your case is nothing to do with a Gym! You told us this was about:

the resident who owned the flat the driver was visiting and parking in a visitor space...

Please please get someone you trust, to change the words for you - someone sitting down with you in person, to make YOUR WS make sense for your case and to help you to identify what evidence to supply as well.

Computersaysno

Stand back.....Master troll at work.....

waamo

Gia do you have a carer? Or anyone that looks after you?

GiaPetite

Don't worry, that is not my witness statement, I'm just letting you know I found the draft and I am going to use it as a guideline.

When I am finished I will post it here for you to look at. I have pictures of inadequate signage I will compare to the Beavis case but the pictures won't show up on this post. Do I also need proof that I wasn't the driver as I haven't got any paperwork or anything? I can prove it was registered in my name but haven't got anything else. The car now is registered in someone else's name. I am hoping they won't look into too much detail and will drop it. My dad is going to help me when he can but he is busy working which is why I came to this forum for help.

nosferatu1001

The pictures - you just host them at tinypics, or similar, and copy and paste the FORUM link (has "IMG" written in it) here. You will possibly be able to just post it directly but if it gives an error, change the "HTTP" part of the web address to "HXXP"

Your Witness Statement is proof. You also want ANYTHING ELSE you can find.