BWLegal Claim form Received - DEFENCE

GeoffTheCat

In The xxxxxxx County Court Case number xxxxxxxx

xxxxxxxxxxxxxxxxxxx (Claimant)
Parties:
xxxxxxxxxxxxxxxxxxxx (Defendant)

WITNESS STATEMENT

1. I, xxxxxxxxxxxx of xx, xxxxxxxx, am the Defendant in this Claim. The facts in this statement come from my personal knowledge and understanding.

2. The Defendant was the registered keeper of vehicle registration mark xxx xxx which the Claim relates to an alleged debt in damages arising from a driver's alleged breach of contract, when parking at xxxxxxxxxxxxxxxxxxxxx (xx/xx/xxxx).

3. The Defendant did not receive prior notification of the PCN from claimant until xx/xx/xxxx via claims form received by County Court Business centre, Northampton and BW Legal.

4. The Defendant confirms parking vehicle xxxxxx, at the xxxxxxxxxxxxxxx (xx/xx/xxxx) premises with use of the xxxxxxxxxx CUSTOMER PARKING bays.

5. The Claimant's signage for the xxxxxxxxxx CUSTOMER PARKING bays at the time set out no clear terms in any sufficient or clear manner. Signage read ' xxxxxxxx FREE PARKING, CUSTOMERS ONLY 1 HOUR' with no further terms. These signs had since been removed and replaced with updated terms and conditions. Photographic evidence with regards to location of parking bays and former signage position are included within the case bundle.

6. At no point whist visiting xxxxxxxxx, was the Defendant advised by staff of any parking rules, terms or conditions for use of their customer bay’s.

7. By not receiving prior notification of any PCN, The Defendant right to appeal via the Claimant’s process or POPLA has been removed.

8. Correspondence from the Claimant (xx/xx/xxxx) with response to defence statement, appears to not align with the defence statement and it particulars state another location and date as to those of the alleged Contravention. Furthermore the photographic evidence included appear to be of another parking location within the facility that is monitored by another ANPR camera and not the cameras which captured vehicle xxxxxxxx entering and leaving the location. The correspondence also fails to produce any appropriate images of the signage for the use of the xxxxxxxxx CUSTOMER PARKING bays or the bays themselves. Which is misleading to this claim.

9. In the same correspondence (xx/xx/xxxx) it is stated ‘it can be confirmed that numerous letters have been sent prior to this and have been attached for reference’. No other correspondence was attached other than a duplicate of the opening letter of the same correspondence (xx/xx/xxxx).




like i said, its a work in progress, im not sure what else is required other that mentioning about the addition added on charges which goes against POFA and is in my opinion an ABUSE OF PROCESS

Le_Kirk

Witness Statements (WS) are written in the First Person (unlike defences which are Third Person) so you can say "I" rather than "Defendant". A WS should be "in support of my defence as already filed" and should be a narrative to back up, support and expand upon (although you cannot introduce new defence points) your defence. It might be an idea to briefly summarise the POC at the beginning of your WS because reading it I have no idea why you were given a PCN.