claim form from BW legal defence. UPDATE I lost

scriptkiddie

Housing Association, i'm sure I could get one

Last point is this paragraph

Any contract the claimant had was with landlord LANDLORD at the time of DATE. LANDLORD 2 have since become the new landlord from DATE. Therefore any claim on the behalf of LANDLORD 1 is null and void

Could I structure this better or make it sound better? It seems like half a job

Coupon-mad

Yes you could use it to explain that this means the Claimant has no legitimate interest in pursuing a claim and the ParkingEye Ltd v Beavis case is distinguished in all facts and detail.

scriptkiddie

UPDATE

Got a letter from BW legal saying that PPS want to continue the claim and that BW legal have notified the court. Shall I get typing my witness statement?

scriptkiddie

OK, Witness statement time. How does this look?

In the County Court at XXXXX
Claim No. XXXXX
Between!
XXXXX
and
XXXXX

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Witness Statement

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1. I am XXXXX, the Defendant in this matter. I will say as follows:

2. I am a ligitimate visitor of the number XXXXX, whereupon my partner and son live. I use the parking ticket issued to said residence

3. On XXXXX, I visited the residence, and parked my vehicle registration no XXXXX in the car park. Upon leaving came across the Parking Charge Notice

4. I could not appeal the Parking Charge Notice because as stated on the website of XXXXX they do not consider appeals whereupon 'the ticket blew off the dashboard.' The goalposts were moved before I had chance

5. Several attempts to settle this dispute before a court hearing have been attempted by the Claimant and the Defendant. This has proven unsuccessful and is yet top be resolved. The Claimant has chosen litigation



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

Signature
Date

Le_Kirk

How does this look?

Short! Also you have too many "whereupons" which don't mean what you think, legitimate is the correct spelling. A witness statement (WS) is in support of your defence and is a narrative, i.e. the story of what happened on the day and subsequently. You need to read your defence again and flesh out the WS (but not too much) so it gives support to the defence and introduces evidence such as your authority to park (lease or similar).

scriptkiddie

ok. Lets get revising this

Le_Kirk

Your biggest point in your defence was pointed out by Coupon-mad in post # 7. Build on that and refer to it in your WS so that you can introduce the lease into evidence.

scriptkiddie

Le_Kirk wrote: »

Your biggest point in your defence was pointed out by Coupon-mad in post # 7. Build on that and refer to it in your WS so that you can introduce the lease into evidence.

Already on it. Slight problem. The contract does indeed state you need a permit and they employ outside agencies to enforce parking

HOWEVER

The new landlord says that, not the old one. BW Legal supplied the old contract statement with the old landlord, not the new one. So i'm working on that

scriptkiddie

ok second draft

1. I am XXXX, of XXXX,, the Defendant in this matter. I will say as follows:

2. I am a legitimate visitor of the number XXXX,, whereupon my partner and son live. I use the parking permit issued to said residence

3. On XXXX, The Defendant visited the residence, and parked my vehicle registration no XXXX, in the car park. Upon leaving came the Defendant across the Parking Charge Notice. The permit was not on display and seemed to have fallen or blown off the dashboard

4. The Defendant could not appeal the Parking Charge Notice because as stated on the website of Premier Parking Solutions they do not consider appeals whereupon 'the ticket blew off the dashboard.' The goalposts were moved before the Defendant had chance to even dispute the Parking Charge Notice

5. Several attempts to settle this dispute before a court hearing have been attempted by the Claimant and the Defendant. This has proven unsuccessful and is yet to be resolved. The Claimant has chosen litigation

6. The Claimant does indeed have a contract with XXXX,. The landlord of residence of XXXX,are now XXXX,. XXXX, had no contract at all during that time. The Claimant even refers to XXXX, only in the response

7. The Claimant states the Defendant used a template based defence with irrelevant information from various online platforms. The defendant disputes this as there is nothing wrong with getting legal help by any means necessary as many of these defences from online platforms have indeed held up in court

8. The Claimant states the Defendant chose to ignore the Terms and Conditions. This is factually untrue as the Defendant was well aware at the time, of said Terms and Conditions. To the best of the Defandant's knowledge a permit was displayed

9. The Claimant may rely on the case of ParkingEye v Beavis [2015] UKSC 67 (Exhibit D) as a binding precedent on the lower court. However, that only assists the Claimant if the facts of the case are the same, or broadly the same. In Beavis, it was common ground between the parties that the terms of a contract had been breached, whereas it is the Defendant's position that no such breach occurred in this case, because there was no valid contract, and also because the 'legitimate interest' in enforcing parking rules for retailers and shoppers in Beavis does not apply to these circumstances. Therefore, this case can be distinguished from Beavis on the facts and circumstances

Le_Kirk

2. I am a legitimate visitor of the number XXXX,, whereupon my partner and son live. I use the parking permit issued to said residence

Should be: -

2. I am a legitimate visitor of the number XXXX,, [strike]whereupon[/strike] WHERE my partner and son live. I use the parking permit issued to said residence

Start by stating "This Witness Statement is in support of my defence as already filed" You write WS in First Person, so all your "the Defendant" can be safely changed to "I".

[strike]whereupon[/strike] where 'the ticket blew off the dashboard.'

There is nothing wrong with a template defence as you say, it is the same as getting legal help. If template defences were not allowed, NO defence would ever be allowed as they have all been used before!
You need to show how the claimant has rubbished your defence and refer to it as evidence and each piece of evidence needs a reference number.