Help with witness statement

El_Tortuga

Thanks Coupon Mad. You’re correct. It is for PCM.

I will start again and do some research on the predatory PCNs , with no grace period.

Redx

El_Tortuga wrote: »

This is what I have so far ....I’m sure none of it may be relevant in my case?


Witness statement

>.................Claimant)

-and-

************ (Defendant)
____________________________
WITNESS STATEMENT
__________________________

I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.


I believe the facts stated in this Defence Statement are true and will swear an to such.


……………………………………………………………………�
�…. (add name and sign)
………………………

surely this is a WS , not a DEFENCE ? (edit required)



and remove the part after true (edit required)

El_Tortuga

Yes. This is my witnesss statement so far. I’m just reading through the examples of other statements. I’m not sure if the paragraphs 10 and 11 go into enough detail about predatory PCN. What else should I search for as a reference to learn ?

Witness statement

>.................Claimant)

-and-

************ (Defendant)
____________________________
WITNESS STATEMENT
__________________________

I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.

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 the driver on the occasions mentioned when I parked in the Garage forecourt. As I was friendly with the manager at the time of parking, I would go in there and purchase coffee and snacks as I was doing a 4 hour voluntary shift at the charity SANE, across the road. It’s on these occasion that I was given permission to park there by the staff of the garage.

4. 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.

4. The claimant states that the defendants vehicle was captured by the claimants ANPR system having parked in the car park for longer than the maximum stay period permitted.

5. I was never shown the alleged signage contract photos (not even the original ‘PCNs’ showed the purported signs. As registered keeper, I never saw the ‘contract’ they are trying to hold me liable for, until this WS where they have sent some photos, not defining which were BPA - 2014 version - and which were 2015 IPC signs, and an aerial map which is no proof of the signs on those days.

6. Conclusion – no evidence of contravention and the Particulars lack any basis for a claim.

7. I also point out to the presiding Judge that the Claimant has not supplied any evidence at all that the alleged contraventions even occurred. ANPR camera photos merely show a vehicle arriving and leaving. All vehicles will have been recorded thus (assuming their VRNs were captured). All vehicles, including those whose drivers paid and displayed.

8. I also should point out one of the parking charges is for a vehicles that is not mine. I’m assuming this is for the PCN they are not chasing now.

9. I did not even know the dates they were referring to or how many incidents until I got the court bundle. I wonder how I am supposed to know what I am defending.

10. I have considered the Code of Practice ("CoP") of the British Parking Association ("BPA"), of which the Claimant is an accredited member. A copy of paragraph 13 of the CoP, which relates to grace periods, is at page xxx of AB1. In order to be an accredited member of the BPA, compliance with the CoP is compulsory, and a copy of paragraphs 4.1 and 6 of the CoP is at page xxx of AB1.

11. Paragraph 13 of the CoP clearly states that a grace period is to be applied to parking. The CoP makes clear that such grace periods are to be applied both at the start of any parking period and also at the end of any parking period. The whole point of these grace periods is to allow drivers time to find a parking space, to read the signage, and to exit the carpark once they have finished parking. Grace periods are not defined, but the CoP requires them to be "a minimum of 10 minutes" either side of the actual parking (paragraphs 13.2 and 13.4).

12. The Court is invited to dismiss this Claim, and to allow my wasted costs which will be submitted separately and in a timely manner, depending upon whether a hearing takes place. I firmly believe that to pursue me as registered keeper when the Claimant admits they have no such right, and to submit such incoherent particulars and lacking ‘evidence’ is wholly unreasonable and vexatious.

I believe the facts stated in this Defence Statement are true and will swear an to such.


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�…. (add name and sign)
………………………

[Deleted User]

Start again. You've done a defence. The witness statement is what you said and did.

Keep it simple. Don't try and write like a lawyer, tell your story (but in numbered paragraphs).

Your best bits of that account (that your mate Bob gave you permission to park) are lost in a patchwork quilt of internet arguments from other cases most of which aren't relevant and may harm the credibility of what you say.

El_Tortuga

Ok. Is this simple enough?


Witness statement

>.................Claimant)

-and-

************ (Defendant)
____________________________
WITNESS STATEMENT
__________________________

I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.

1. The facts in this Witness 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 the driver on the occasions mentioned when I parked in the Garage forecourt. As I was friendly with the manager at the time of parking, I would go in there and purchase coffee and snacks as I was doing a 4 hour voluntary shift at the charity SANE, across the road. It’s on these occasion that I was given permission to park there by the staff of the garage.

4. 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.

5 I have attached a reference from the the manager at SANE ......... confirming I was working there on the dates involved and a reference as to what I was doing.

I believe the facts stated in this Witness Statement are true and will swear an oath to such.


……………………………………………………………………�
�…. (add name and sign)
………………………

[Deleted User]

Ok started again. Good. But now it's probably too thin Flesh it out.

When did you first go there. What did Bob say to give permission. How long have you known him etc etc?

You've basically done two paragraphs. A very short story is better. If you can remember the days of the tickets so much the better.

If you can get a statement from the dude in the garage that is best still.

Coupon-mad

Redx did tell you to remove these words after 'true':

and will swear an oath to such.

El_Tortuga

Ok. Here’s another version with slightly more details.

Coupon mad you mentioned I should look at the predatory nature of how they issue PCN’s earlier on. Should I leave that out and keep it simple and factual to what I know?

Witness statement

>.................Claimant)

-and-

************ (Defendant)
____________________________
WITNESS STATEMENT
__________________________

I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.

The facts in this Witness 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.

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.

I assert that I am the registered keeper of the vehicle in question in this case and admit to parking in the garage forecourt on the 3 dates mentioned. On the first instance mentioned, Friday evening 17/02, I headed into central London after a long day at work to start my voluntary shift at the charity SANE. I had taken the decision to commit 4 hours of my evening for 12 months. Either on a Friday or Saturday working on the charity line helping people with mental health issues in crisis. The parking was pretty much impossible in that area due to residential restrictions, My shift would either be from 4-8 or 6-10 in the evenings. On the 17/02 I was working a 4-8 shift, as I was friendly with the manager at the time of parking, I would go in there and purchase coffee and snacks to get me through the evening. It’s on this first occasion that I was given permission to park there by the manager of the garage at the time. The subsequent two instances were both the same, they stem from me working my shift at the charity and going into the garage to buy coffee and ask if it was ok to park there. On all 3 instances mentioned I was told that it would be fine.

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.

I have attached a reference from the the manager at SANE ......... confirming I was working there on the dates involved and a reference as to what I was doing.

I have also been back since to see if any of the staff at the garage still work there so I could get a signed witness statement. They don’t so I was unable to get one.

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


……………………………………………………………………
�…. (add name and sign)
………………………

Coupon-mad

You do know they are predatory, (PCM were exposed on Watchdog and they lurk then issue PCNs in minutes) and you do also know the signs were not lit so you could not have learned about any parking charge or agreed to it.

So add that too.

El_Tortuga

Thank you everyone. I have added that also to the statement.

I shall post the following to them.

- My witness statement

Should I also post the following to them as well or should I just take it to court?

- Popla Annual report 2015

- Department of transport guide on section 56 and schedule 4

- a copy of the Beavis case sign

-