Parking fine court hearing HELP!

1505grandad

I am no expert but the witness statement should be written in the first person i.e. I or my etc not The Defendant.

Did you read #2 above by RedX re advice on WS?.

Who is the claimant?

Louiseex

I have read through as many forums as I can I have not yet found the advice on ws. I’m new to this so am still looking/ reading through the newbies thread and others.


The parking company is PCM (parking control management) UK Ltd they are on the IPC Aos members list.

KeithP

Louiseex wrote: »

I have read through as many forums as I can I have not yet found the advice on ws. I’m new to this so am still looking/ reading through the newbies thread and others.

You have already found the NEWBIES thread. That's the thread you need.

Post #2 on that NEWBIES thread contains many examples of Witness Statements, cunningly hidden under the heading:

WITNESS STATEMENT EXAMPLES - AN EASY STAGE - YOUR 'STORY' AND EVIDENCE

Louiseex

I have now found the WS advise and have read through some witness statements.

I will re-write mine and post in here for further advice 🤞🏼

Redx

Read the thread by Didgeridoo which has advice fro bargepole and Johnnersh about defences and witness statements

Also read this one as it also has numbered exhibits too

https://forums.moneysavingexpert.com/discussion/6040741

Egbert_Nobacon

You may wish to amend or delete your post 11.

The DRIVER parked on the day whilst the KEEPER is preparing the WS.

If they have included the fake £60 add on look for ABUSE OF PROCESS written by Coupon-mad.

Louiseex

Witness statement of Miss XXXXXX, Defendant

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.

1. I am not liable to the Claimant for the sum claimed, or any amount at all.

2. The Claim is struck out as an abuse of process.

Reasons

(a) The Claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012 Schedule 4 nor with reference to the judgement in Parking Eye v Beavis. It is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.


(b) This order has been made by the Court of it's own initiative without a hearing pursuant to Rule 3.3(4) of the Civil Procedure Rules 1997 and a party affected by the order may apply to have it set aside.


3. Whilst I was the Registered Keeper of the vehicle concerned, there is no evidence of the driver in this case.

4. At the time this PCN was issued in 2017, the insurance covered more than one family member, who I have no obligation to name to a private parking firm. It remains the burden of the Claimant to prove their case.

5. Having moved out of the address in which the PCN was sent to, in late 2018 when picking up old mail collected from a past neighbour receiving a letter and court claim came out of the blue.

6. I am no more liable now than I was then, but this unwarranted harassment and baseless litigation has caused me significate stress and anxiety, such that I intend to report, PCM and Gladstone solicitors to the Information Commissioner for misuse of my data, obtained from the DVLA in 2017.


7. My DVLA data was supplied for the single purpose of enquiring who was driving, not for suing me years later as if I can now be held liable, in the hope I will not defend myself or even better, that I will be so scared that I will pay over £160.

8. It is apparent from court records reported in the public domain that this Claimant has been obtaining payments from keepers under false pretences, using the court as a cheap form of debt collecting from the wrong ‘registered keeper’ parties – and has obtained default CCJs in the hundreds, despite never complying with POFAA 2O12.


9. Re #5 I have also attached a copy of a sign which is closest to where the vehicle was stopped, the sign is very high up and the writing is very small and cannot be read from the pavement, you can also see the sign has been crossed out which makes the sign obsolete.

I believe that the facts stated in this defence statement are true.
Sign
Date


Any advise before I submit this would be appreciated.

Also thank you for all your helpful comments so far.

KeithP

If this is a Witness Statement, your Statement of Truth is wrong.

Louiseex

I will change that.

Le_Kirk

In your point 2, are you really issuing an order/instruction to the court/judge? A witness statement (if that is what it is) should be a narrative, i.e., you story of what happened on the day and should be in support of your defence. It should also include evidence, e.g. picture of the sign(s) especially the one that was spray painted over. Unless I am missing something, that is not a very clear explanation of what happened.