PCN - Witness statement advise

BA1987

Hello, 
I have received a PCN around a year ago and I have been working my way through the stages that were detailed on the **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? forum page. I have already set a defence state but I have now seen that you have simplified and added in additional information concerning the cases being struck off etc. My question is can I add some of the missing information into my Witness statement and can I still provide some of the additional information that was provided in that new template that is now on the defence template??? more than happy to share the defence statement that I submitted previously and it would be good to get some advice on the witness statement. The court case should be next month. 

Umkomaas

In short, yes, build into your WS (or add a Supplementary WS to cover the specific point). Post your draft up here to see if anyone can comment on it. 

D_P_Dance

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Le_Kirk

You cannot add to your defence (well you can but it costs £££).  As advised, add to your WS.

Coupon-mad

 I have already set a defence state but I have now seen that you have simplified and added in additional information concerning the cases being struck off etc. My question is can I add some of the missing information into my Witness statement and can I still provide some of the additional information that was provided in that new template that is now on the defence template?

Yes.  Certainly.
We usually suggest a supplementary WS with the abuse of process argument and the Soton Approved Judgment appended to it.  Have a look at the bundles prepared by @keypulse and @Chefdave which you can copy from.

BA1987

Hello Everyone. Thank you for the advice and the support. I was a bit worried to post on here simple because I wasn't sure if anyone would reply. I'm happy to say that I've finally finished my WS. Please tell me your thoughts. So you're aware I used @Chefdave as my master template and basically adapted it from there. If there is anything that you think i'm missing or you don't understand please ask. Thank you in advance

Coupon-mad

The court case should be next month. 

Then you need to read the TELEPHONE HEARINGS thread and do everything by email, including a Word Document DRAFT ORDER and a covering email (plus all your bundle as a compressed PDF, including your defence - assuming your Judge cannot see it/the case file), as per page #10 of that thread that I started this month. 

The aim is to avoid a possible telephone hearing and to try to get it struck out BEFORE the court suggests that.

In the supplementary WS, #5.3.2. is far too long and includes 5.3.3, 5.3.4. & 5.3.5. so your paragraphs need sorting out and you have merged the headings into the paragraphs.   These are meant to be headings:

The POFA is against this claim
The Consumer Rights Act 2015 ('the CRA') is against this claim 
The Supreme Court ParkingEye v Beavis case is against this claim

Your main 'story' WS itself is good, but it uses various ways to describe your evidence, sometimes you just put 'attached' (and no evidence number?) and mostly you've called the appended document 'appendices'.

In the WS , your documents should be called exhibits and given a number, with your initials, so if your real name initials are BA, then your exhibits would be referred to as  'see Exhibit BA1' or BA2, BA3, etc (not 'appendix'). 

Only your photos are exhibits to your main WS. 

The strike out orders and the CRA 2015 are exhibits that relate to the SUPPLEMENTARY WS which is all about the false added costs.

Your WS includes stuff you already have in the Supplementary WS, so remove 10, 11, 14 and 15 and just refer to the supplementary WS in one paragraph.

I'd add in #9 of your main WS, that there was no ambient lighting and this is contrary to the BPA Code of Practice (if this is a BPA member firm, which PPC is it?) and cite the part from the CoP about enforcement of terms in hours of darkness.

And this 'E' is actually DJ Wright at Skipton:

Appendix E - Struck out District Judge Josephs - Warwick County Court

BA1987

The court case should be next month. 

Then you need to read the TELEPHONE HEARINGS thread and do everything by email, including a Word Document DRAFT ORDER and a covering email (plus all your bundle as a compressed PDF, including your defence - assuming your Judge cannot see it/the case file), as per page #10 of that thread that I started this month. 

The aim is to avoid a possible telephone hearing and to try to get it struck out BEFORE the court suggests that.

Hello Coupon-mad,

Thank you for your help. I believe I completed all the actions you mentioned in the blog. Please see my updated files.

I notice you said '

 'Only your photos are exhibits to your main WS'

The strike out orders and the CRA 2015 are exhibits that relate to the SUPPLEMENTARY WS which is all about the false added costs.'

Does that mean I should remove number 16 on the WS?

SO im clear 

All my my information needs to be in 1 PDF file - not separated??? is there an order that should be in?..... 

In addition to this where can i find the following? (cant find it 

- the Beavis case (yellow & black sign) shown on a single sheet next to this Claimant's smaller and illegible sig

***The PPC's firms rep have already sent me their Witness statement and documentation. Funny enough they have included the forums information (screen shots) in their WS pack as evidence to discredit the challenge.

I called the court house and they have informed that they are pushing most cases of this nature onto video calls or telephone.

 they have also said the following: 

 'notice hereby given pursuant to CRP 27.9(a) & (b) that our client will not be in attendance at the hearing and wish for the court to decide the claim in their absence. Please note that our client will be represented by an advocate.'

does that mean they arent coming or is this something that I should address?

BA1987

In addition to this I called the Court and they mentioned that they have printing at the court house and they are making people aware of the hearing arrangements as late as 24 to 48 hours before the trial. Don't know how helpful that is but it was eye opening with me. I think that is pretty late........ 

Is there any new threads that I need to catch up on???Also how do I know when a new thread has come up with new information? just check daily etc?

Coupon-mad

client will be represented by an advocate.'
does that mean they arent coming or is this something that I should address?

It means they are appointing a legal rep, same as always.

 Funny enough they have included the forums information (screen shots) in their WS pack as evidence to discredit the challenge.

Haha, seen that before.  They are trying to scare you into feeling you did something wrong.  The Judge will totally ignore uncorroborated forum posts, which anyone could write.  And there is nothing wrong with any consumer seeking advice from the only online resource with a 99% court win rate since 2017.

Is there any new threads that I need to catch up on??

I've written Draft Orders recently, one earlier tonight, with two 'reasons' not just one.  Look at all the other threads from this week from people at the same stage...!

Does that mean I should remove number 16 on the WS?

Dunno, I have no time to look back and though piles of documents...if it duplicates the supplementary WS then change it a bit just to refer to the supplementary statement once on the subject of the inflated claim.

SO im clear 
All my my information needs to be in 1 PDF file - not separated??? 
is there an order that should be in?..... 

Yes - but obviously not your document called 'email to the Judge'!

The order is whatever makes sense, and do a contents page to make it easier, with all pages NUMBERED.

In addition to this where can i find the following? (cant find it 
- the Beavis case (yellow & black sign) shown on a single sheet next to this Claimant's smaller and illegible sig

What, when you Google Beavis parking sign and look for 'IMAGES' you can't see it?  

It's your job to create a page with that sign next to the parking firm's sign...of course. No such document exists.

BA1987

What, when you Google Beavis parking sign and look for 'IMAGES' you can't see it?  

It's your job to create a page with that sign next to the parking firm's sign...of course. No such document exists.

great thank you for the information. sorry didnt realise it was on google. i thought it was one of the images on th threads.

I'll put it together all together, similar format as the BW legal team have done. I will also do some research on pages and then go from there.