Letter Before claim from Gladstones Solicitors

Coupon-mad

and I am happy to provide that evidence.

That's not how Witness Statement and evidence stage works. 

A WS is meant to refer to copious 'exhibits' that you append NOW, listing them by your initials and evidence number, including the stuff in the NEWBIES thread that I suggest that people include as a bare minimum.

You haven't got the usual point about no landowner authority. Why are people removing that from the example WS?

You haven't said whether other people driver this car and that the balance of probabilities is not tipped in  favour of the claim who can't presume it. You have nothing about the POFA 2012 not being complied with for keeper liability and you haven't got Henry Greenslade's words about PPCs not being able to presume the keeper was the driver and that there can be no liability if the POFA was not complied with.

Coupon-mad

IKG said:

@Coupon-mad can you please clarify if there is only one example of WS in the newbie group? 

Yes.  ONE.  Just do control & f when the NEWBIES thread is open, and find 'WITNESS' as the search word.

I'm always astonished people don't use their keyboards to search it instead of flailing around looking through the entire thread, seemingly? 
Threads and webpages are easy to search, like any document.

I am unsure about what you mean in para 3 and 4? Do i have to use any legal terms? 

I don't recall mentioning those paragraphs except when people are at defence stage, which you are not.  Are you sure you are looking at the right example?

Why does your draft still say this, when clearly this bit is about someone who paid and displayed:

  However, there is no such legitimate interest where the requisite fee has been paid in full 

nosferatu1001

Indeed, the clue is in your hearing allocation letter which states that you are to supply WS and all documents you wish to rely on! That would be you rmany exhibits.
WHen did you think you were goign to supply your evidence, if not now? Have you read 2 or 3 dozen court threads, AND the newbies thread, so you know the process?

Snakes_Belly

Exhibits such as images and video's are really important. Although you may be very familiar with the car park the judge will not be. 

Coupon-mad

Your numbering needs sorting, and where you say things like this, you append the evidence as an exhibit, with exhibit numbers referred to in the WS:

1. I have the image of the big signage that only had names of the business within the estate and I am happy to provide that evidence.

Have you read the example WS done last week by @jrhys who showed how it should look, with exhibits?  He used Excel v Wilkinson to explain why parking firms can't add false costs on top of already doubled parking charges.

Remove this, no point in saying any of this:

1. I was shocked when on 2nd October 2019 I received the letter from Gladstone solicitors asking me to pay a sum of £160 for the charge happened on 4/5/17.

1. Then in the claim form the amount claimed by the claimant is £264.62

SayNoToPCN

15 - have you gotten thgis, or have you blindly copied?
We havent seen a claimant WS, to my knowledge, so are you sure about t his?

IKG

@SayNoToPCN
I added my points in the first bit and copied the rest from the other  WS, is there anything wrong?

Jenni_D

You said "15. The Claimant has appended a redacted ‘landowner contract’ which has little or no probative value and which offends against the rules of evidence." @SayNoToPCN was asking if you actually had seen a landowner contract, and if yes whether it really does suffer from those issues. (Your WS will end with a Statement of Truth ... thus you can't state anything which is untruthful).

Coupon-mad

You can't just blindly copy another WS, you must read it and understand what it is saying.  And change it if wrong for your case.

SayNoToPCN

IKG said:

@SayNoToPCN
I added my points in the first bit and copied the rest from the other  WS, is there anything wrong?

Yes, because you havent shown us THEIR WS and THEIR contract, so we do not know if bwhat you have stated under penalty of perjury is actually true or not. So I was asking you to confirm you had seen their contract


There is no template for WS, because there cannot be. You must ensure everything is accurate