Excel Parking ticket, deadline for witness statement is 36 Hours

Anonymouspro99

Hi i was parking in an excel parking space where their pay and display machine did not print a ticket after i put the right amount of cash in. I called the helplie to make a payment through the phone which i successed in however i forgot to answer a text message that they sent me in order to input my registration. when i came back to the car park a ticket officer was about to issue a ticket. i explained the situation and only then saw the text message. The ticket officer told me i did not have to send my reg no if i was leaving at that moment. ( I showed him the text that they sent me). I later got a parking charge which i appealed but since they rejected the appeal i ignored all of their messages as i knew they werent with the council and am new to defending claims made by private parking companies.

when they sent me a court letter in order to write a defense i found this website and was able to write one. now i have my court hearing on the 10th of december. but i havent fully completed my witness statement due to health concerns which i am hoping will be able to delay the hearing but the phone line has been busy so they havent answered my calls I was late in finishing the witness statement as my health has been severly badd for the last 2 months which made me forget about the court case. and now the deadline for submitting my witness statement is on thursday.

Attached is my witness statement, i used the example on the newbies threat. but im not sure if all court examples match up.

i hope i can have some pointers about how i can improve mywitness statement and what i need to add on.

Coupon-mad

Welcome!  You can do this in time. 

Have they sent you theirs yet?  If so, pick holes in their evidence and spot the template rubbish.

Remove this strange sub-heading from your WS:

The entrance to the car park is on a double 

Capital initials for place names, please, and put the correct date because it sure as heck isn't in the future!

siddals road car park on the 20/11/2020.

Where you refer to exhibits like your bank statement (below) you must give them an exhibit number (your initials then 1, 2, 3, etc):

 As I had an appointment to attend, I quickly left after completing my purchase which can be found in my bank statement. 

Your #14 and #15 are duplicate paragraphs.  I would move what you have at #19 up to replace your duplicate #15 because it will flow better that way, then renumber to replace the missing #19 you've moved up.

You appear to have removed the usual point about no landowner authority that's in the example WS?  You must put them to proof of that because I doubt Excel own this car park, or do they?

You haven't added the statement of truth - you MUST have that, and sign and date is - nor have you shown us all your exhibits. 

You need more than the one pic you showed so I assume you have things like your bank statement and also the usual stuff the NEWBIES thread tells you to append, like a pic of the Beavis case yellow sign to show the difference between them.

I think you have a good chance because you paid the tariff TWICE and your WS should make that clear!

Anonymouspro99

Hi thank you for your advice and words of encouragement.

I have read their witness statement and they are ignoring the fact that I paid through the phone their argument is that I did not have a ticket in my windshield.

I have added some more pictures but I have refrained from adding my bank statement due to privacy reasons at the moment.

I researched the company and you were right they do not own the property so I added in the no landowner authority point.

I didn’t think I would have a good chance but you made me more optimistic thank you.

For some reason it is hard for me to copy and paste the Southampton judgement into my word document, and it ruins the format so I am just working on everything else atm.

I’m not sure about defendants schedule of cost as the i will not be working so am probably not entitled to the £95. I’m also confused as to why it is in an exhibit that hasn’t been referred to in the example.

Snakes_Belly

"I have read their witness statement and they are ignoring the fact that I paid through the phone their argument is that I did not have a ticket in my windshield."

I have not read the whole thread but I assume that you paid by RingGo.
I was taken taken to court by Excel for not displaying a valid ticket (ticket machine not working). Excel claimed that their employee had checked to see if a payment had been made by RingGo so they should be able to check this before they issue a ticket.

At present they are making that many errors that they appear to have lost the will to live.

Fruitcake

If you have received the scammer's WS, please post it here if it isn't too long. If it is massive then post just the first page with the name of the person who produced it, and the last page with the statement of truth and signature.
More importantly, please post their exhibits, especially a copy of the contract to scam on the site.
Only redact YOUR personal data.

Anonymouspro99

Snakes_Belly said:

"I have read their witness statement and they are ignoring the fact that I paid through the phone their argument is that I did not have a ticket in my windshield."

I have not read the whole thread but I assume that you paid by RingGo.
I was taken taken to court by Excel for not displaying a valid ticket (ticket machine not working). Excel claimed that their employee had checked to see if a payment had been made by RingGo so they should be able to check this before they issue a ticket.

At present they are making that many errors that they appear to have lost the will to live.

Yes they seem to ignore the fact that I paid by phone they are not touching that subject. I talked to the officer who was about to issue me a ticket and told me that I don’t have to since I paid.

Fruitcake said:

If you have received the scammer's WS, please post it here if it isn't too long. If it is massive then post just the first page with the name of the person who produced it, and the last page with the statement of truth and signature.
More importantly, please post their exhibits, especially a copy of the contract to scam on the site.
Only redact YOUR personal data.

Yes I will send the witness statement as a pdf now.

The pictures for the exhibit will be different as there are a lot of pics and I have to manually put them on a word doc to make a pdf

Ferrybird

I think I might have a fix to your Southampton judgement problem. It messed my formatting up too when I appended it but I (well, my OH) fixed it. I'll see if I can PM it to you in the next couple of hours. 
- just seen you're sending it now. If you would still like it let me know. 

Also, do it all as a word doc include embed the pics, then when you come to save the save box should give you an option to convert the whole thing to a PDF.

Anonymouspro99

Ferrybird said:

I think I might have a fix to your Southampton judgement problem. It messed my formatting up too when I appended it but I (well, my OH) fixed it. I'll see if I can PM it to you in the next couple of hours. 

Thank you so much I didn’t know if they would have accepted the slightly altered one. You are a lifesaver.

Ferrybird

I'll be at my desk in 20min so I'll try send it then. 

Fruitcake

No landowner contract.
The one page WS stating they are the lawful occupier is not signed by the landowner, The identity of the landowner is not even stated.
Without this, the scammers have not proof that they have landowner authority to operate on the site.

If you have time, get that in your WS now. If you have already sent it, send a supplementary WS pointing this out.

Anonymouspro99

Fruitcake said:

No landowner contract.
The one page WS stating they are the lawful occupier is not signed by the landowner, The identity of the landowner is not even stated.
Without this, the scammers have not proof that they have landowner authority to operate on the site.

If you have time, get that in your WS now. If you have already sent it, send a supplementary WS pointing this out.

I’m just about to send it. Will this paragraph be sufficient:

    In the Claimants Leaseholder Witness Statement is not signed by the landowner. It also does not state  who the Landowner is ( whoever it may be). Therefor showing that the claimant has no proof that they have a landowner authority to operate on the Siddals Road Car Park.