Driver observed leaving site whilst vehicle remained parked on premises

Coupon-mad

Additionally,

should be a new paragraph as it's a bit squashed.

beamerguy

Smaru ..... very good reply.

We will see what response you get after they have a chin wag with the legals they use.

Smaru

Have amended it coupon-mad;I will send it off tomorrrow.
Thank you beamerguy; I take no credit for the content and structure ;all of it is only because of the support received from all of you.Will post it here as soon as I get a response.

nosferatu1001

There is no fee to pay as it's a Notice, not an Application.

Also, by filing the notice they're not then required to produce the witness. Only if you file YOUR notice in response are they required to do so.

Coupon-mad

Good point. My bad, hoping the PPC would have to pay a fee...!

Smaru

Thank you both; so I have amended it thus:


Dear Sir,

In response to my subject access request for images of 'driver/occupants of the vehicle leaving the premises' that you hold, you have replied by a letter dated 28/12/2018 that you do not hold any images of driver/occupants of the vehicle leaving the premises .You go on to add that a witness statement from the issuer attendant will suffice.
I am writing to inform you that a witness statement is hearsay evidence. According to Civil Practice Direction 32,PART 33 - MISCELLANEOUS RULES ABOUT EVIDENCE, rule 33.2 , if you are intending to rely upon hearsay then you will need to file a formal Notice of Intention to rely on hearsay evidence.
Additionally, I would also like to inform you that you would need to produce the issuer attendant in court, if I file such a notice in response . My intention is to cross-examine that witness at the hearing.If you do not bring the attendant to the hearing, I will ask the Judge to disregard the hearsay evidence, and my own witness statement and personal evidence will clearly be allowed.
This is for your information only.
I will be sending a copy of this to your representative BW Legal .
Kind regards

Fruitcake

That looks OK to me. I think this might be useful for any parking case where a witness statement is produced instead of a parking contract.

Umkomaas

I will be sending a copy of this to your representative BW Legal .
Kind regards

Why on earth are you kind regarding an outfit trying to sue your a*rse through the courts? It makes no more sense than a 'Love and kisses' sign-off.

If it's a 'Dear Sir' salutation, the corresponding valediction is 'Yours faithfully'. That will do for this - businesslike, and correct.

Smaru

Thanks for the feedback everyone; have now changed the regards to faithfully.:o
Will send it off tomorrow.

Smaru

Dear forum members,


So,I now have a reply from them


They have said they will be following my further posts on MSE with interest!!