help with claim form

KeithP

Nothing gets included with a Defence.

Evidence comes later - at Witness Statement stage.

Get all the evidence you can.

At a guess, you have a couple of months or more to do that.

jordcharl

thanks Keith i will do

jordcharl

just a quick update guys, i have found proof in my old emails and now have confirmation of insuring my new vehichle 2 days after the sale of the vehicle they are claiming i was liable for and also the tax for a year on the same new vehicle, do you think if i just put this in my defence statement along with the fact i have proof from the dvla with the same date, that will be enough to say without having to go into anything else.

KeithP

I would suggest that is evidence.

And as I said earlier "Evidence comes later - at Witness Statement stage.".

Your Defence just points out that you sold the vehicle in January.

Proof to substantiate that statement follows at WS time.

Good that you have confirmation from your insurance co that the vehicle on the policy was changed in January.

All this stuff increases your chance of the judge deciding that on the balance of probabilities you were not the owner, or keeper, at the time of the parking incident.

jordcharl

[FONT=&quot]hi, I have wrote my defence statement and would just like to ask if someone could check it over for me please before i submit it thanks
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

UK PARKING PATROL

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.[/FONT]
[FONT=&quot]2. The Particulars of Claim state that the Defendant was the registered keeper at the time of the alleged incident and the claimant is seeking £xxx.xx in respect of a parking charge notice for a parking contravention which occurred on XX/XX/2016 in a controlled parking zone located at Newcastle Airport, Woolsington in relation to vehicle registration mark XXXXX[/FONT]
[FONT=&quot]3. The facts are that the Defendant was not the registered keeper of the vehicle, registration XXXX at that time.[/FONT]
[FONT=&quot]4. The Defendant asserts that he cannot be held liable as either keeper, driver, or owner as the defendant was none of these at the time as he had sold the car on XX/XX/2016 and the alleged incident took place on the XX/XX/2016.[/FONT]
[FONT=&quot]5. The Defendant can provide evidence confirming he appealed the pcn explaining why he could not be liable. [/FONT]
[FONT=&quot]6. The defendant can also provide further evidence in the form of, Vc5 document verifying he sold the car on XX/XX/2016. He can also provide proof of purchasing vehicle tax and insurance on his new vehicle around the same time as selling his old vehicle XXXXXX. He also has pictures of the incident received from Uk parking patrol, clearly showing a lady driver and another lady at the vehicle in question, proving he was also not the driver.[/FONT]
[FONT=&quot]7. In summary, it is the Defendant's position that the claim is without merit and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.[/FONT]
[FONT=&quot]I believe the facts contained in this Defence are true.

Name
Signature[/FONT]
[FONT=&quot]14/03/2019[/FONT]

KeithP

That looks good to me, but wait for the opinions of others.


Just a couple of very small points...

Change all occurrences of the word can to will.

Change Vc5 to V5c.

jordcharl

oops i didnt even realise i had put vc5 thanks for the imput and i will change now

Coupon-mad

UK PARKING PATROL

That is not the Claimant's full company name, is it, as stated on the claim form?

jordcharl

it says UK PARKING PATROL OFFICE LIMITED on the claim form when i have looked again so i will change it to that instead thankyou

jordcharl

hi, i was just wondering if anyone could take a look at my witness statement before i submit it tonight in case there is something i missed or got wrong. I have used some example from other witness statements i have read on here but not many have the same fight as i do so i have struggled a little, i need to have the witness statement and evidence in by tommorrow at 4pm so any help will be greatly appreciated, also any help with claiming costs as i dont really know how or when to do that as all the posts i have read are different. thanks




In the matter of

UK PARKING PATROL OFFICE LIMITED
v
xxxxxxxx

Claim no:

Witness statement of xxxxxx, defendant



1. I am the Defendant in this matter, 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.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.



2. The Defendant denies being the registered keeper at the time of the supposed event, and therefore puts UK PARKING PATROL to strict proof that any contract can exist between the Claimant and themselves.



3. There was no requirement upon myself as former keeper to respond to what appeared to be junk mail in early 2016, however I did ring UK PARKING PATROL to explain that I had sold the car on 13/01/2016 and I was no longer the registered keeper. I was then told by their representative that I was noted as the registered keeper, so I was therefor liable. I then appealed on 20/04/16 through their online system (I have marked this document evidence 1 in my evidence) and explained once again that I was not the registered keeper and that I had been in touch with the DVLA and they were going to get in touch with the new keeper and update their records accordingly as it looked like the v5c I had posted had gone missing. I then received a confirmation of sale from DVLA stating I had sold the vehicle on the 13/01/2016. I have since lost that confirmation of sale, so I contacted DVLA and asked if they could send me proof of the date I sold the car and I received a document dated 15/03/19 showing I no longer owned the vehicle from 13/01/19. (I have marked this document as evidence 2 in my evidence which has information on both sides so will appear as 2 documents) I also emailed UK PARKING PATROL the new keepers’ details and thought that would be the end of it.


4. I have also included in my evidence (I have marked this as evidence 3 in my evidence) an email from DVLA confirming I purchased vehicle tax on my new vehicle registration number xxxxxx on 14/01/16.

5. I have included in my evidence (I have marked this as evidence 4 in my evidence) a document showing I purchased insurance for my new vehicle around that time also.


6. My DVLA data was supplied for the single strict purpose of enquiring who owned the vehicle, not for storing for three years then suing me as if I can now be held liable, in the hope I will not defend, will have lost the paperwork, will have moved house, or even better, that I will be so scared that I will pay over £250 including three years' interest, for what was apparently an unproven £60 charge. Had the UK PARKING PATROL taken the time to read and act on my appeal, (which they have had over three years to do so) they would have known the DVLA had amended the new keeper details and known the vehicle was sold on the date I told them it was.

7. From receiving the first parking fine from UK PARKING PATROL I have been bombarded with threatening letters about taking me to court and bailiffs coming to my property if I don’t pay the fine, the total amount they say I owe keeps rising. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significant alarm and distress. It has also put a great deal of strain on my relationship with my mother and has nearly resulted in me having to move out of my home as she was terrified bailiffs were going to come and force entry into our home to seize goods.
I have listed my evidence from 1 to 4. It proves that I did not own the car at the time of the alleged incident and also have included proof of taxing and insuring my new vehicle around the same time as I sold the vehicle in question and therefore prove that I cannot be held liable for the alleged offence.



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

Signature


Date