Help Witness Statement Excel/BW Legal

stranger93

Hi Guys,

My witness statement is due in just under 10 days defending as registered keeper and was wondering if anyone could give me a few pointers on what I could add or change on my statement so far.

For evidence I have so far:

pictures/videos of the car park in question to show the poor signage.
a copy of beavis sign for comparison.
a copy of Henry Greenslade's wording from the POPLA Annual Report 2015.
a copy of Schedule 4 of the POFA - ( which section should I copy for the judge ?)

I am going to go into more detail on my skeleton defence when i receive the court bundle from excel with thier witness statement.


IN THE COUNTY COURT - Claim No.: [INSERT]

Between

EXCEL PARKING SERVICES LTD (Claimant)

-and-

[YOUR NAME] (Defendant)
____________________________
WITNESS STATEMENT
__________________________


I, ****************** of **************, *********, ***********, **** *** am the defendant in this case. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.


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 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.

3. I assert that I am the registered keeper of the vehicle in question in this case. I was not the driver.

4. There was no requirement upon me as keeper to respond to what appeared to be junk mail, No adverse inference can be drawn from my lawful decision to ignore the colourful letter, impersonating a parking ticket yet with no basis in law.

5. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences - using the court as a cheap form of debt collection from the wrong 'registered keeper' parties - and has obtained default CCJs in the hundreds, despite never complying with the POFA 2012 and even bringing pre-POFA cases to the Courts, as here.

6. The claimant has failed to properly respond to my request made on XXX by email, requesting any documentation and relevant contracts with the landowners that allow the claimant to issue claims upon the landowners behalf. My request was ignored even though I have received emails from communication with excel.

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

Signed xxxxxxxxxxxxxxxx
Dated xxxxxxxxxxx

Any help would be very much appreciated.

Thanks in advance.

Coupon-mad

If it's about one of these claims (do you still have two?) post it here:

https://forums.moneysavingexpert.com/discussion/5775293

Let this thread die and go back there instead and reply, so we can see the background.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

stranger93

Coupon-mad wrote: »

If it's about one of these claims (do you still have two?) post it here:

Let this thread die and go back there instead and reply, so we can see the background.

Thankyou for you quick response very much appreciated !

I have posted this in my original thread now.

stranger93

The_Deep wrote: »

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Thankyou for your response! this will come in handy I will take a look at this over the next couple of days.

At least something is finally being done about these scammers it's ridiculous how they've been able to get away with doing this to people for so long.