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CEL witness statement received - case going ahead?
Comments
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I've managed to speak to the court this morning and this time while I've been told that there is no proof it has been paid apparently there is no way to say if the case is going ahead or not or if it has actually been paid.
CEL have said they paid by PBA on the last day the payment was required.
I'm going to do a Witness Statement now but have to say I like to start doing these things in advance and being well prepared so feeling quite stressed about it now and somewhat struggling what I should be doing.
In the WS do I just say what I was doing on the day/post received? If I'm going to reference other cases (e.g. PCMUK v Bull) on the day do I need to include this in the WS or do I just need to include the print out of the cases?0 -
You need to read other WS, and should already have done this - you knew this step was going to happen, after all!
Your WS is the facts surrounding the case
It supports your defence in so much as, anytime you assert something in your defnce, you get a chance to prove it in your WS by statement and, if possible, evidence.
Get on it.
Stop prevaricating.0 -
nosferatu1001 wrote: »You need to read other WS, and should already have done this - you knew this step was going to happen, after all!
Your WS is the facts surrounding the case
It supports your defence in so much as, anytime you assert something in your defnce, you get a chance to prove it in your WS by statement and, if possible, evidence.
Get on it.
Stop prevaricating.
Yep, i know this now but this is all new to me and I did check up about the trial fee the day after it was due to be told the case would have been thrown out. I've just come off a week on leave so would have had plenty of time to do this if I hadn't been misinformed.
Anyway...
One of my arguments is that the NTK is not PoFA compliant based on one of the mandatory information being in the tear off slip (the bit about advising that the driver is responsible for the parking charge and the amount, and that it has not been paid in full). I was advised that the case at http://www.davidmarq.com/bama/Barnet%20Judicial%20Review%20Judgment%20-%202%20August%202006.pdf confirms that a tear off slip is not part of the NTK however looking at paragraph 36 it seems that it was the parking adjudication saying this rather than the Judge.
Can i still use this? If so what part should I highlight?0 -
I've just had another conversation with CEL as the court advised me to try to get a transaction code to prove it had been paid and their response now is they've decided to cancel the PCN today and I'll receive a letter by Wednesday.
I'll still carry on with the Witness Statement though so I'd appreciate your help with the question above.0 -
One of my arguments is that the NTK is not PoFA compliant based on one of the mandatory information being in the tear off slip (the bit about advising that the driver is responsible for the parking charge and the amount, and that it has not been paid in full). I was advised that the case at http://www.davidmarq.com/bama/Barnet%20Judicial%20Review%20Judgment%20-%202%20August%202006.pdf confirms that a tear off slip is not part of the NTK however looking at paragraph 36 it seems that it was the parking adjudication saying this rather than the Judge.
Can i still use this? If so what part should I highlight?
Your WS needs to be the story of the parking event and the reasons why you are not liable and append the photos, other evidence, case law and transcripts you rely on.
Also file a high costs schedule and do NOT wait till Wednesday.
It seems to me that CEL are just making you late with your WS...don't let them delay you and don't assume the hearing is vacated unless the court tell you. And don't ring the court again, just do the WS, evidence and costs schedule and file & serve it in time, anyway.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I've spent some time getting all the paper work together and organising the word document in a way that i can email it over to them when I'm done.
Please find the witness statement as it currently stands below:
IN THE COUNTY COURT
CLAIM No: XXX
BETWEEN:
CEL (Claimant)
-and-
XXX (Defendant)
________________________________________
WITNESS STATEMENT
________________________________________
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 XXX , of XXX, the Defendant in this matter.
2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief
3. I deny every allegation set out in the Particulars of Claim.
4. Whilst I am the Registered Keeper of the vehicle concerned, there is no evidence of the driver.
5. The Defendant denies being the driver at the time of the supposed event and was in fact at a KFC in Braintree (some 6 miles away from the alleged parking incidence location) around the time of the event. I therefore put CEL to strict proof that any contract can exist between the Claimant and themselves.
6. More than one family member, who I have no obligation to name to a private parking firm, have access to this vehicle. It remains the burden of the Claimant to prove their case.
7. The Notice to Keeper (NTK) was not received within 14 days as specified in the Protection of Freedoms Act 2012 (PoFA) (Exhibit EV3). I put the Claimants to strict proof that this document was sent before this time period.
8. The NTK Schedule 4 Paragraphs 8 & 9 of the PoFA stipulate the mandatory information that must be included in a Notice to Keeper (NTK) in order for it to be valid. In this case this information has not been included and fails to meet the requirements of Paragraph 6 Schedule 4 of the PoFA in establishing keeper liability.
It is acknowledged that the Claimant provided the required information on the payment slip enclosed with the NTK, however, the High Court ruled in the case of Barnet Council v The Parking Adjudicator 2006 EWHC 2357 (Exhibit EV4) that the payment slip constitutes a separate document to the notice to owner.
9. Even if it was found that the Notice to Keeper was PoFA compliant, I do not believe a contract could be formed from the signage in the car park. I have visited the site of the alleged breach and have read the signage. The signage (Exhibit EV1) clearly prohibits anyone who doesn’t have a permit from parking there by saying in large letters “PERMIT HOLDERS ONLY”. As such no contract could have been in place with someone who allegedly doesn’t have a permit. I include a copy of PCMUK v Bull (Exhibit EV5) regarding prohibited signs. I also include a copy of the sign used in the case ParkingEye v Beavis (Exhibit EV6) to show a sign that makes a clear contract.
10. On 4th November 2019 I was advised via phone call to the claimant that they would not be pursuing this case.
I believe that the facts stated in this Witness Statement are true.
Signature
Date0 -
Is there an "Exhibit EV2"?
No number on para between 8 and 9.
Search the forum re addition of recent Abuse of Process paras (which you presumably touched upon in your Defence.)0 -
1505grandad wrote: »Is there an "Exhibit EV2"?
No number on para between 8 and 9.
Search the forum re addition of recent Abuse of Process paras (which you presumably touched upon in your Defence.)
I don't suppose you know of what I should put in the Witness Statement for this? I've searched and only found it in defences and as it's new I haven't put it in my original defence.
I've fixed the other issues. EV2 was the NTK.
I'm also looking for the signage in the ParkingEye v Beavis case? Can anyone please help with this?0 -
I'm also looking for the signage in the ParkingEye v Beavis case? Can anyone please help with this?
Have a read here:
http://parking-prankster.blogspot.com/2016/01/new-popla-staying-cases-to-consider.htmlPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
And the Abuse of Process:-
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
scroll down to post #14
number all paras accordingly0
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