DCB Legal & Premier Parking Logistics (Hearing Day 😞)

Umkomaas

Even the gust of wind/removal by another patron bit? I'd like to stress that despite the fact that there is a photograph of my vehicle with a PCN on the windscreen, it was not there when I returned, and offer reasons why this may have been the case. Or am I better off leaving it at:

You could leave it at your suggested para.  Google 'ghost ticketing'!  It's not a winning argument - it goes on all the time. 

Th1nDiesel

Yes, I'll go with that then, since I have no evidence that ghost ticketing has taken place in this instance. If I judge asks what I think happened to the ticket, I'll bring up my thoughts on the wind/someone else removing the ticket at the hearing, leaving out any accusations.

Le_Kirk

It is a witness statement and at the beginning of it you state something like "everything is within my own knowledge".  But what you are suggesting cannot be within your own knowledge unless you saw it happening.

Th1nDiesel

Le_Kirk said:

It is a witness statement and at the beginning of it you state something like "everything is within my own knowledge".  But what you are suggesting cannot be within your own knowledge unless you saw it happening.

Does that apply to the following:

11. The weather on the date of the incident was very sunny as evidenced by exhibit xx-08 and it is my belief that the heat from the sun had softened the sticky backing, causing the ticket to fall from the windscreen and either i) flutter to the floor of the vehicle or, ii) drop to the dashboard where it became obscured by other parking tickets (exhibit xx-09). However, as per my defence, alternative situations cannot be ruled out. In either scenario, the ticket was clearly not fit for purpose leading to a frustration of any contract that may have been in place.

This is a repeat of a point made in my defence and is a key part of the fluttering ticket arguement.

Le_Kirk

That seems to be within your knowledge.  Can you speculate (e.g. wind blew it off, somebody else took it off) and then sign a statement of truth?

Th1nDiesel

Le_Kirk said:

That seems to be within your knowledge.  Can you speculate (e.g. wind blew it off, somebody else took it off) and then sign a statement of truth?

Absolutely not!  

With that point in mind, I'll leave paragraph 11 as it is and go with the pared down paragraph 9.

Th1nDiesel

Thank you to everyone that has commented on this thread; your help and work on this forum is greatly appreciated. I believe that my WS is now as good as it's going to be, so unless I get any more comments this evening, I will add back in the redacted details and get it sent off to the court and DCBLegal tomorrow. As I've not yet received a hearing date, I will remove this from the header of each page.

https://www.dropbox.com/s/q3cckcgjgk7zeob/Witness Statement Draft Redacted v5.pdf?dl=0

Th1nDiesel

A bit of an odd email from DCBLegal today:

<I>We note that you allege paying for parking however, due to the weather conditions on that day the ticket had overturned.

In order for us to review this, please provide a copy of the ticket you allege was on display.<I>

It's almost like they haven't really read my WS, where I stated that I would have kept the ticket and made an appeal had there been a PCN on the windscreen at the time. And if I still had it, I would quite obviously have included it in my WS as evidence.

My response to them will state as much, but I'm wondering what their motivation is for sending this; are they just checking that I'm not going to conjure up a ticket at the hearing, as if by magic?

beamerguy

Th1nDiesel said:

A bit of an odd email from DCBLegal today:

<I>We note that you allege paying for parking however, due to the weather conditions on that day the ticket had overturned.

In order for us to review this, please provide a copy of the ticket you allege was on display.<I>

It's almost like they haven't really read my WS, where I stated that I would have kept the ticket and made an appeal had there been a PCN on the windscreen at the time. And if I still had it, I would quite obviously have included it in my WS as evidence.

My response to them will state as much, but I'm wondering what their motivation is for sending this; are they just checking that I'm not going to conjure up a ticket at the hearing, as if by magic?

You have to laugh, nobody keeps tickets going that far back.  Bet the judge does not.

You can swear an oath in court .... they cannot because they don't know.
And currently with DCBL signed statements of truth not being true, they are going to have an uphill struggle in the courts.  That is happening already

Redx

They have that much going on I am surprised that they read it at all !!

Do not assume that they have one person assigned to your case , only your case , and nothing but your case

I haven't seen any dcb legal , b w legal or any other legal with an intimate knowledge of one case , on here

If you assume that you are dealing with morons out of their depth , it would help