County Court claim - Witness statement

can_not_think

Thanks everyone, All submitted now, I did put the costs schedule in.

Just received a Supplementary Witness Statement from the claimant, saying it's the first time I've brought up the fact I wasn't the driver, so any evidence I submitted to prove I was not the driver should be dismissed in court? Not really sure how they can claim that as I've been bringing it up with them, that I wasn't the driver since the IAS appeal stage 3 years ago.

They also seem to dedicate a lot of the new WS about me using the word "mistake" (they have dedicated 3 paragraphs to it in the new WS? ) in paragraph 4 and how I have no grounds to call the PCN a mistake, and then goes on to state I chose to ignore the PCN - which I clearly didn't or I wouldn't be here!

Lastly they talk about the insurance policy in the driver and RK name, saying I could have had another policy in place, is there any way to show I've never had another insurance policy?

Going to court next week on my wedding anniversary - wish me luck!

Coupon-mad

Put in a supplementary WS attaching Schedule 2 of the Consumer Rights Act 2015 and highlight paras 6, 10 and 14 as breached by the sign (consumer notice) and the claim for £160 is a vague sum that is inherently unfair, because the parking charge and/or the fake added 'debt recovery costs' are either in small print or not stated at all.

Also add a line replying that the Claimant certainly knew from the appeal stage 3 years ago that you were not the driver and their latest WS appears to be intimidatory and not a factual witness account.

Read CEC16's thread and maybe also print off my court report from 11th November, even if you just use my 1, 2, 3, that I cited, as a personal speech 'crib sheet' for what to say about the fact they are trying to claim £160. Be ready to had out the CRA Schedule 2 and get your head around why it's paras 6, 10 and 14 that are breached = the £160 charge is tainted and unrecoverable.

You are allowed to add the CRA 2015 now/late, because para 71 of that Act says the Court has a duty to consider fairness every time, whether OR NOT a consumer raises it!

nosferatu1001

Have you already included evidence, in your first WS, that shows they knew you were not the driver?
If not, include it now.
Make them look like the frauds they are. Point out you believe they are only doing this in order to mislead the court, as they know they have no actual claim, and you ask the court o sanction them as their witness statement, being verified by a statement of truth, is clearly false.

can_not_think

nosferatu1001 wrote: »

Have you already included evidence, in your first WS, that shows they knew you were not the driver?

Yes even they have attached evidence in their first WS showing they acknowledge the driver and keeper at IAS appeal, although in the actual text of their 1st WS they have written I submitted the IAS appeal, but their own evidence shows different.

I also attached evidence showing, the letter I wrote to them after LBC, stating I was not the driver or keeper and at DQ I sent them and the court copies of the IAS appeal document showing the driver and keeper. All of which I put in my WS.

Oh and they have also put vehicle reg xxxxx in their new WS - but put the postcode as the reg!

Coupon-mad

What a mess they have created. Do the supplementary WS I suggested.

can_not_think

Today was my day in court! Will update more later - but just to let you know the claim was dismissed, on the fact it was clear I was not the driver or keeper of the vehicle off to celebrate my wedding anniversary now!

Thank you to everybody who helped.

Coupon-mad

Yay, happy anniversary!

ANOTHER ONE BITES THE DUST!

Once you have celebrated, please tell us which Judge & court, and what happened from start to finish!

Hope you claimed your costs/loss of salary/parking & travel!

can_not_think

Court report

Yesterday 19th Nov I went to court regarding the above claim.

We arrived nice and early and the night before I spent reading lots and making notes about points I might need to raise, or reading stuff I wanted to understand.

Everyone at the court was really friendly, I gave my name and the name of the case and it made me think maybe this court was not used to doing private parking tickets as the security guard at the front desk said, this ticket wasn't around here was it? the way he said it sounded like he had not heard many of these parking tickets, he then went on to tell me about how he'd just watched a program about them being scams a lot of them!

We went to wait outside the court room, and waited until about 15 mins before the case the usher came along to ask if I had my defence as the judge had misplaced it.

I had intended to print it off but the day before my printer broke, so I didn't have a copy with me, however luckily I had used Google doc's to prepare my documents so could log in and the usher helped me print it off. This only got sorted about 10am which was when it was due to start. but the usher was very friendly about it and said the judge was grateful we could get him a copy, so not to worry.

The usher came out and asked if I knew if the claimant was coming as the judge was not sure, I said they had emailed me to say they may or may not come, so I also wasn't sure. (obviously hoping they would not come).

The usher said ok, and said the judge would call me when he was ready.

We went into quite a big room with lots of desks each with microphones on them, and the Judge sat at the front, we went in and took a seat at the front (as advised by the usher). My husband was with me who was the witness and the judge said he could sit next to me.

We got out our paper work and the judge said the claimant would not be joining and we would hear their evidence on paper.

The judge then went through my witness statement first, focusing a lot on the initial appeal and why I would have written it. He asked me lots of questions, mostly about how often I drive the car, could I have driven on the day, all of which I just answered honestly. it felt just like a conversation.

He seemed to agree with most of I was saying.

Next we went through the claimants witness statement - I pointed out the errors within it namely where they had written that I had written the IAS appeal, but in their own evidence bundle shows it was my husband who had written the second appeal and crucially where my husband had admitted to being the driver and RK.

At each point when I made a statement the judge asked me to show him proof in the bundle, most of which I could, at this point everything seemed to be going well. For example we looked at the document for the IAS appeal which had my husbands name on.

We only focused on the driver part, he said I had shown evidence he was happy with that the car belonged to my husband.

I also pointed out no where in the first appeal (the one I wrote) do I mention driving the car, which I think was also quite crucial at which point the judge paused to read it.

I also mentioned I disputed the IAS as an independent appeal process.

He then asked my husband if he thought he would have driven the car, to which he said yes as we had looked up and discovered we had been on a family day out the day before and we told the judge in almost all circumstances my husband would drive on a day out. The judge also made comment about the ticket being at 4am, so we talked about me finding it the next day, and how that was different from going to a car park and finding it on return to the vehicle - as the PPC where trying to say I must have driven as I admitted finding the ticket.

We also talked about the online appeal being online, so even though it had come from me and was my email address, neither appeal where actually signed by anyone, as it was an online form.

the only point where a name was given was (ironically) in their evidence on the IAS appeal, where is stated XXXXXX appealed.

The judge then asked if I wanted to add anything else, I said only that I believed they had been careless in this whole case, pointed out their mistakes again in the WS but I kinda had a feeling, I didn't need to say much more as I was fairly certain the Judgement would go in my favour.

Towards the end he asked if the PPC had ever applied to the DVLA to find out the Keeper I said I had not seen any evidence they had.

The judge said he was going to ask me to wait outside while he had a think and would call me back in shortly.

it was about 5 mins, I looked at the clock and it was about 10.45 so we had been in the court from about 10.15-10.45 the judge had considered everything very carefully.

He called me back in and we sat down. He then said he would sum up, he basically just spoke and we sat and listened.

His summing up went along the lines of I had satisfied him that I was not the driver, or keeper of the car, which was clear from the claimants own evidence, He also made comment on the 4am ticketing (saying bare in mind the ticket was issued at 4am on a sunday) and also made comment that I disputed the independent nature of the appeal service.

He spent what felt like ages summing up, even though it was fairly obvious at this stage it was going in our favour.

He also said I had raised a number of other points in my defence but he did not need to go through them.

Then said and so I dismiss the claim.

He then said and was there anything else you wanted to say.

I said no and he said thank you, I probably should have brought up the costs summary but didn't really know when it would have been aporpriate, probably should have done it when he said anything else I guess, but being new at this wasn't sure so we just left.

Now I guess we have to wait and see if the PPC decided to take my husband to court based on the fact we have now implicated him. So although it feels over I guess we will have to wait and see. I'm not sure how much information they will get back from the case on why it was dismissed as there where not there.

I was thinking of contacting the PPC and Gladstones asking that they remove any information about me from their system given that it is now clear they should not have kept my data that long anyway as it was proved they had the driver and RK information from the IAS appeal.

Thanks again for everyone who gave up their time to help - I would not have been able to do this with out this forum and the online blogs and other forums. Here's hoping I don't have to go through this again.

KeithP

can_not_think wrote: »

I was thinking of contacting the PPC and Gladstones asking that they remove any information about me from their system given that it is now clear they should not have kept my data that long anyway as it was proved they had the driver and RK information from the IAS appeal.

No, don't do that.

It is highly likely that the Claimant will only receive a very brief statement from the court, possibly just something like "having heard from the Defendant in person, and read the Claimant's submissions, I dismiss the claim". Not much more than that.

It is unlikely that it will disclose the driver's identity.


Anyway, well done... a good win.