Letter Before Claim - received from Excel Parking

Coupon-mad

Yes but it won't be #11 as you are deleting #10. And your new words should be higher up near the points about no contract agreed/unclear signs.

3383

Great thanks for your help.

3383

I have now received confirmation of my country court date and WS is required by the end of the month. Below is my WS. I would appreciate greatly any pointers before i submit.

Witness Statement.

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Excel Parking (Claimant)
and
XXXXXX (Defendant)

Witness Statement

1. I am XXXXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a staff member of XXXXX at the time of the incident, who provided me with a Vehicle Parking Permit (Evidence 1)

3. On XXXXXX, I parked my vehicle registration no, XXXXX in the car park.

4. I saw out the window the patrol officer studying my car and issuing a Parking Charge Notice (PCN). Upon seeing this I went out to find out why. Upon getting to my vehicle I released that my permit was not on my dashboard, where is normally is. Upon realising this I opened my car door to see that the permit was on the floor. I explained this to the Patrol Officer who carried on issuing the PCN.

5. I appealed following the Claimants appeals process on XXXXX with evidence of the permit attached and explained that the permit must dropped to the floor of the car. (Evidence 2)

6. I resent a copy of the permit again on XXXXX (Evidence 3)

7. I contacted the Claimant on XXXXX requesting details of the landowner, a copy of the contract with the landowner and various other requests so that I could find out what jurisdiction the Claimant had over the land. Also, to in the hope I could inform the landowner of the situation to try and get the PCN cancelled. None of which were ever received (Evidence 4)

8. After receiving many threatening letters from various debt collection agencies. I stopped receiving anything for over 3 months and presumed the matter had been closed. Almost a year after the incident I received a letter claiming I had ignored all correspondence from the Claimant. I replied on XXXXX refuting that I had not appealed within the required 28days and requested the case to be closed. (Evidence 5)

9. No further contact was made or received from the Claimant until I received the Letter Before Claim on XXXXX

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

nosferatu1001

Evidence is always referred to as INITIALS/001 - a photo showing....
They are exhibits as well,  not evidence. 
Your WS is YOUR single chance to show how you support your defence. Does your WS do this? EVERY time yuo aver something in your defence, you should work out if YOU Can evidence it. 

3383

2nd draft:

Witness Statement

1. I am XXXXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a staff member of XXXXX at the time of the incident, who provided me with a Vehicle Parking Permit (MG/001)

3. On [DATE], I parked my vehicle registration no, XXXXX in the car park.

4. I saw out the window the patrol officer studying my car and issuing a Parking Charge Notice (PCN). Upon seeing this I went out to find out why. Upon getting to my vehicle I released that my permit was not on my dashboard, where is normally is. Upon realising this I opened my car door to see that the permit was on the floor. I explained this to the Patrol Officer who carried on issuing the PCN.

5. I appealed following the Claimants appeals process on XXXXX with evidence of the permit attached and explained that the permit must dropped to the floor of the car. (MG/002)

6. I resent a copy of the permit again on XXXXX (MG/003)

7. I contacted the Claimant on XXXXX requesting details of the landowner, a copy of the contract with the landowner and various other requests so that I could find out what jurisdiction the Claimant had over the land. Also, to in the hope I could inform the landowner of the situation to try and get the PCN cancelled. None of which were ever received (MG/004)

8. After receiving many threatening letters from various debt collection agencies. I stopped receiving anything for over 3 months and presumed the matter had been closed. Almost a year after the incident I received a letter claiming I had ignored all correspondence from the Claimant. I replied on XXXXX refuting that I had not appealed within the required 28days and requested the case to be closed. (MG/005)

9. No further contact was made or received from the Claimant until I received the Letter Before Claim on XXXXX

10. It is my intention to challenge this claim for payment under the following grounds and in no particular order

I was in possession on a valid permit and that it had merely fallen from the car dashboard, something of which is out of my control.

Costs on the claim - disproportionate and disingenuous

17.CPR 44.3 (2) states: ''Where the amount of costs is to be assessed on the standard basis, the court will –
(a) only allow costs which are proportionate to the matters in issue. Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred; and
(b) resolve any doubt which it may have as to whether costs were reasonably and proportionately incurred or were reasonable and proportionate in amount in favour of the paying party.

11. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

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

D_P_Dance

Were not the T&C in the car park? Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

 Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate. Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

 http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

 Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Please DON'T call an Excel employee a 'Patrol Officer'. 

Call him a lurking employee who appeared to be leaning across your car, and you are concerned as to how and why the permit actually fell, and when, and as these employees wear body-worn cameras you require the footage within the exhibits disclosed by Excel, and in addition (whether there is video footage or not in this case) there must be records of the notes from that employee which will support the fact they saw the permit in situ and before the PCN was issued.  

Coupon-mad

You need loads more on this! read the template defence thread I started the other week - search the forum.  I know you are not at defence stage but that one gives you the wording and the exhibits to attach re the abuse of process:

Costs on the claim - disproportionate and disingenuous

3383

Coupon-mad: thanks for your help.
The Car Parking Employee has noted on the PCN that i Came out as the the PCN was completed and i handed them my permit. They also note that i said "oh i forgot to put my permit in, ill just get this cancelled".
I suppose they must have misheard me as i think i said "oh 'i must have' forgot to put my permit in ...."

3383

WS updated. I appreciate any feedback.

Witness Statement

1. I am XXXXX, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. I was a staff member of XXXXX at the time of the incident, who provided me with a Vehicle Parking Permit (MG/001)

3. On [DATE], I parked my vehicle registration no, XXXXX in the car park.

4. I saw out the window the Car Parking Employee lurking over my car. Upon seeing this I went out to find out and realised they were issuing a Parking Charge Notice (PCN). Upon getting to my vehicle I released that my permit was not on my dashboard, where is normally is. Upon realising this I opened my car door to see that the permit was on the floor, and I am concerned as to how it actually fell from the dashboard to the footwell of my car.

5.I explained this to the Patrol Officer who carried on issuing the PCN to completion. Whereas this could have quashed there and then. This would have saved myself, and the court a lot of time and effort.

5. I followed this up with an appeal. I completed this following the Claimants appeals process on XXXXX with evidence of the permit attached and explained that the permit must dropped to the floor of the car. (MG/002)

6. I resent a copy of the permit again on XXXXX (MG/003)

7. I contacted the Claimant on XXXXX requesting details of the landowner, a copy of the contract with the landowner and various other requests so that I could find out what jurisdiction the Claimant had over the land. Also, to in the hope I could inform the landowner of the situation to try and get the PCN cancelled. None of which were ever received (MG/004)

8. After receiving many threatening letters from various debt collection agencies. I stopped receiving anything for over 3 months and presumed the matter had been closed. Almost a year after the incident I received a letter claiming I had ignored all correspondence from the Claimant. I replied on XXXXX refuting that I had not appealed within the required 28days and requested the case to be closed. (MG/005)

9. No further contact was made or received from the Claimant until I received the Letter Before Claim on XXXXX.

10. It is my intention to challenge this claim for payment under the following grounds and in no particular order

a) I was in possession on a valid permit and that it had merely fallen from the car dashboard, something of which is out of my control.

b) Costs on the claim - disproportionate and disingenuous.

11. I deny that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that I entered into any contractual agreement, whether express, implied, or by conduct, to pay a ‘parking charge’ to the Claimant.

12. In relation to parking on private land, it is settled law from the Supreme Court, that a parking charge must be set at a level which includes recovery of the costs of operating a scheme. However, this Claimant is claiming a global sum of£160. This figure is a penalty, far exceeding the £85 parking charge in theParkingEye Ltd v Beaviscase

13. Even if the Claimant had shown the global sum claimed in the largest font on clear and prominent signs-which is denied-they are attempting double recovery of costs. The sum exceeds the maximum amount which can be recovered from a registered keeper, as prescribed in Schedule 4, Section 4(5) of the Protection of Freedoms Act2012 (‘thePOFA’). It is worth noting that in the Beavis case where the driver was known, the Supreme Court considered and referred more than once to the POFA.

14.  Claims pleaded on this basis by multiple parking firms have routinely been struck out ab initio in various County Court areas in England and Wales since 2019. Recent examples are appended to this defence; a February 2020 Order from District Judge Fay Wright, sitting at Skipton County Court (MG/006) and a similar Order from Deputy District Judge Josephs, sitting at Warwick County Court (MG/007)

15. The Judge found that the claims-both trying to claim £160, with some ten or more similar cases stayed-represented an abuse of process that ‘tainted’ each claim. It was held to be not in the public interest for a court to let such claims proceed and merely disallow £60 in a case-by-case basis, thus restricting and reserving the proper application of the relevant consumer rights legislation only for those relatively few consumers who reach hearing stage. That Judgment is appended (MG/008)

 

16 In the Matter of Costs. I seek:

(a)   standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b)   the Court to reserve, assess and award the Defendant’s Summary Costs Assessment filed with this witness statement in anticipation of a typical late Notice of Discontinuance (‘NoD’) from this Claimant (‘NoD’) from this Claimant.