Some questions and a check of CEL defence

Tintin27

Hopefully this is good to go... Final witness statement. When sending witness statement to CEL do i need to send them every piece of my evidence such as , copy of the beavis case, copy of shedule 4 POFA ect or just WS and photo evidence?

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

Witness statement

1. I am NAME, of ADDRESS, POSTCODE, the defendant in this matter, and keeper of vehicle REGISTRATION. I will say as follows:

2. On DATE, the driver and passenger, parked in the car park of SURGERY, where the passenger (the patient) had an appointment at TIME.
3. There was not adequate signage in the carpark. The signs state ‘Medical Centre Permit Holders Only’ but from inside the car, the signs were not clear on how to obtain a permit due to the size of the font, see Exhibit A. As the driver waited in the car for the patient, the driver did not see and could not of known about signs or keypad inside the surgery, and the Claimant has shown no evidence that drivers were properly alerted to the unexpected terms. There are no signs stating about the use of ANPR cameras recording entry and exit times.

4. Upon receipt of a parking charge notice from the claimant, days after I went to the surgery to explain what had happened. The receptionist told me there was nothing that could be done.

5. Following the Claimants letter to take court action, I went back to the surgery to discuss the matter further with the Practice Manager, who said that the PCN could have been wiped if I had of came shortly after receiving it. Upon explaining to her that I had done that but had been given the wrong information, she provided me with a letter of proof showing dates and times of appointments on the day the PCN was issued, see Exhibit B.

6. At this stage the surgery claim they are unable to help now but have shown that they support my appeal and believe there is no legitimate interest in penalising me see Exhibit C
7. I have received a copy of the carpark contract agreement from the surgery, see Exhibit D, which states it is an agreement between, SURGERY and Creative Carpark LTD. Therefore, it is believed Civil Enforcement do not hold a legitimate contract at this carpark.
8. In the Claimants witness statement it states that the signs were clear and visible to see, yet they have failed to provide photographic evidence of this.

7. It is my position that, the claimant has no standing, or cause of action, to litigate in this matter and further, even if this Claimant shows they had a contract with the NHS Surgery, the regime was not an understandable ingredient of a parking enforcement regime supported by any legitimate interest, and such, this case is distinguished from Beavis.

From the NHS Parking Principles, it is quoted that:

“NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.
Contracts should not be let on any basis that incentivises additional charges, e.g. ‘income from parking charge notices only.
‘Reasonalbe’ implementation of additional charges practice might include additional charges for people who do not have legitimate reasons for parking (e.g. commuters), or who persistently flout parking regulations (e.g. blocking entrances).” See Exhibit E

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.
Signature

Date

Coupon-mad

copy of the beavis case,

No, neither they nor the court need a very well known, precedent Supreme Court decision. You don't need to print it out at all (except for yourself, you might want a page or two with highlighter on it, for the hearing).

copy of schedule 4 POFA

No, same as above, this is not news to anyone, and is statute law, but again for yourself, take a copy with highlighter on the relevant points you are relying on.

just WS and photo evidence?

Yes, and your Surgery's letter of proof showing dates and times of appointments on the day the PCN was issued, and also the NHS Parking Principles! This is NHS Trust policy set by Government, and whilst all NHS Trusts are sent regular Memorandums about these things, such policies are not generally well known or used in many court cases, so you will need to exhibit it.

And a contents page for the court in their file - make sure all pages and all evidence exhibits are numbered.

And a provisional costs schedule, if you are ready to set that out - see examples in the NEWBIES thread, and on the day also take a wage slip as proof if you win, so the Judge can see your loss of leave or salary as well as your travel costs, parking, etc.

Tintin27

Ok thanks coupon mad is my WS good to send now? Just to confirm am i sending WS and other files to CELs email address appeals@ce-service.co.uk? And how am i sending it to the court by post or email?

KeithP

Hand deliver your Witness Statement and Evidence to the court.
It is your local court isn't it?

Tintin27

Yes it is my local court. And how about CELs copy, the above email adrress is the only email address i could find for them do you know if its correct?

Coupon-mad

No, but you will, when you try it and it doesn't bounce back...(not joking, use it and print out a read receipt as proof of service of your WS and evidence).

You could also try making other possibilities up:

enforcement@

litigation@

legal@

Tintin27

I might just post it to there address to just to be on the safe side :think:! Im praying that when they see the evidence from the surgery they might discontinue. Im no good at getting my head around and understanding the legal stuff and am worried il let myself down if it goes to court.

Le_Kirk

see and could not [STRIKE]of[/STRIKE] have known

if I had [STRIKE]of came [/STRIKE]discussed it shortly

If you are sending important documents to a court, it is important to use correct grammar.

System

it is important to use correct grammar.

Wot 'e said.

Tintin27

Right iv sent everything off. Im worried and slighlty confused about the issue of not saying who the driver was as there was only one person on the insurance.(i havent provided docs) and iv seen that someone said they had to swear under oath?