Witness Statement - could someone take a look please?

Bluey1972

Hi Redx,

I don't remember getting anything apart from dates etc.

Thank you for the link. I will take a look and post it on here when I have completed it.

Will be pleased when it's all over!

Bluey1972

UPDATE:

So, turns out we did file something online months ago. My Dad did it. He's away at the moment so he will check his emails tonight. I will get on with a draft for my statement.

When I have everything, I will post it on here. Again, thank you for your help.

nosferatu1001

OK to make it clear for you - and you have read the newbies thread post 2, so this should also be clear:

1) When you got the CLAIM FORM the form clearly states you need to pay up or file a defence
Thats apparently what your dad did for you. Its imperative that we see this.
2) Once the defence was filed the court sends out a DQ. Thats when you state what dates you can and cant make
3) After that the case is allocated to your local court
4) The local court then schedules a hearing and, this is where you appear to have failed big time in NOT reading the letter you got that set the HEARING date - the back of the hearing letter tells you when you must file and serve DOCUMENTS on both parties; this is the witness statement PLUS all evidence you have to back up your defence.

Your court shouel be telling you the importance of reading documetns, and I'm sorry but banging on about being stressed as a second year (! wait until masters lol) won't impress the court or make them feel sympathy. You got *very* lucky in not just having your claim found against you.

Bluey1972

Hi Nosferau1,

I started my first year End September 2018, I got the pcn's November 2018. So my first year..but as you say, it's blah blah. I know I got very lucky with this as I now have the Claiments evidence. I have found two false items in his statement. My Dad will hopefully send over the email of the defence tonight. I've gone thourgh all the emails (he share an account with my mum). I've search CCBC etc, but nothing has come up. Hoping he'll find it or will log in online tonight to take a look. Thanks for reaching out.

I've written my draft statement.

Bluey1972

I will put my statement below. I know it's hard as we don't have a copy of my defence yet. But maybe I've put in some big no no's or some things to highlight more.

Not sure where the numbers have gone - but they are on the original

Case Number XXXXXXX

Parties:
Claimant Devere Parking Services Ltd -V- Defendant XXXXXX
I XXXXXXXX of XXXXXXXXX am the Defendant



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. I received the Claimants evidence an statement 20th August 2019.

I received my permit from XXXXXXXX who are the Building Management for the building I live in. I was not given any contract to sign regarding the parking bays, I was not told that if my Permit was to slide on to my seat or the footwell I would be liable for £25. I have tried sellotape and blue tac to secure it but with the hot and cold weather, this does not work.

I have not entered into any contract with the Claimant.

I spoke to XXXXXXX (Management company) regarding the first ticket and they explained to me to let the Claimant know by calling the number on the ticket and explain that I am allowed to park there. Again there was no mention of paying £25. I had to remove the first pcn to do so.

I have an email (Exhibit 1) dated 23rd May 2019 from XXXXXX who is the Senior Property Manager at XXXXXXX. They are the property managers for XXXXXXXX. She states, I quote “We have been advised that the permit was not on the dashboard. As the company monitor serval car parks for the blocks we manage and they know to look in the car, although the requested position for the permits that it should be clearly displayed in the windscreen. It was not on the seat and your son did not tell them this when he called to discuss the ticket” end quote: Could the court please see the claimant statement, where the claimant states, I quote “He stated in the telephone call that his permit had slipped down the dash” end quote.

As the Management company XXXXXXXX stated in their email to my Mother that the claimant knows to look inside the car. If they had done so, on both occasions, they would have seen my permit.

I would like to stress that Claimants Exhibit 4 is incorrect. They have placed me in a different carpark, they explain this as the ‘Pink carpark”. If the court would kindly look at the photos supplied by the claimant (exhibit 3, 3a, 3b, 3c) they will see that I am in the same car park (behind my Flat). The claimant states in their witness statement that they issued the 2nd pcn the next day in a different carpark. This is not true. A second pcn was issued, less than 24 hours in the same carpark as the first.

I would like to also understand why the claimants photographic evidence of their signage is either taken months before I became the owner of Flat 43 or months after I received the tickets. To this day, I have not read the signs due to the fact that I am a owner of a Flat in XXXXXXXXXXX. I presumed that any signs were directed at deterring people without a permit from parking there.

I would like the court to compare the copy of the Claimants permit (exhibit 11) and a copy of my own (Exhibit 2). You can see a vast difference due to sun damage.

The Claimant presumed that I was no stranger to the car park or the parking scheme. I had at this point been living in the building for approximately 6 weeks and had began University. This was also the first time I had left home.

I was willing to show the Claimant my valid permit. This was offered verbally on the phone and in writing. I would like to stress that I have every right to park in a bay. The Claimant was not interested in reaching out for this.

May the court see that my Mother’s solicitor emailed over the BDLS 22nd August 2018 (Exhibit 3). May I bring to the courts attention page 7, section 7, item 2. It mentions that the car park is monitored and if any car parked without a permit will be ticketed. It does not mention the name of the parking monitors. It does not mention a £25 fee for the ticket. It does not mention that the permit must be on the window or on the dashboard. I did not get the ‘hard’ copy of this until my my mothers Solicitor sent me my completion paperwork this Summer 2019.



Summary:

As I have the right to park in any bay and I have a valid permit, the Claimant has lost no income from the pcn’s. Had the Claimant looked inside my car as pointed out by XXXXXXXX, Senior Property Manager, he would of seen my laminated permit.

I find the fact that the Claimant as either lied or fabricated facts disturbing. The first one telling XXXXXXX from the Management company that I did not tell them it had slipped onto the seat. But the claimants statement states that I did tell them on the phone.
The second stating that I parked in an entirely different car park. The Green and Pink car park have separate entrances. Pink being the furthest from my flat.

I have never entered into a contract with the Claimant and they have lost no money. I offered to show them my permit either in person or through an email address if they provided one. To this day, they have not taken me up on this offer.


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

Signature


Date