PCN while in GF's allocated parking bay - permit slipped off dashboard

1505grandad

My apologies  -  used wrong link

zimbo_ouen

Good evening all and hope this finds you all well.

I have got my gf's consent to share her redacted witness statement so again would love to know your thoughts:
https://www.dropbox.com/s/puhw9ql6xyrmm8w/Witness Statement and Exhibits of Witness - Redacted-XX.pdf?dl=0

Note: The index page numbers don't match up in this redacted version as she removed all the sensitive pages of her lease and agreements etc 

There is a small overlap of exhibits similiar to mine and if you feel these don't need to be in her one as well, she said she can get them removed. We weren't sure if it was best to cover the same ground twice on each of our statements or if it's only required for one. She did use my one as a bit of a template

Fruitcake

It's her WS and exhibits. If the evidence overlaps then it must also back up your points as well, so I suggest she should leave them in.

I would be very wary of using words suggesting harassment, revenge, or conspiracy.
I would also remove the comments about other cars not being ticketed.

Your GF could add a comment in para 18 about the PPC unlawfully operating a for-profit business on her property without her permission. 
Has your GF complained to the DVLA about this?

Other than that, I think it is a most excellent WS.

zimbo_ouen

Thanks @Fruitcake for reviewing it so promptly

May I ask why we both can't use those words (it's in mine also) when it really does feel like it is harassment? The 2nd PCN seemed very targeted as no one else seemed to get one despite us still showing a permit till this gets sorted in court

Fruitcake

Proving harassment is legally a very high bar to reach. By including such comments without proof, you run the risk of alienating the judge, and leaving yourself open to libel.

zimbo_ouen

Fruitcake said:

It's her WS and exhibits. If the evidence overlaps then it must also back up your points as well, so I suggest she should leave them in.

I would be very wary of using words suggesting harassment, revenge, or conspiracy.
I would also remove the comments about other cars not being ticketed.

Your GF could add a comment in para 18 about the PPC unlawfully operating a for-profit business on her property without her permission. 
Has your GF complained to the DVLA about this?

Other than that, I think it is a most excellent WS.

She's made the amendments and the latest one has been uploaded again with the same link. She has advised she will look into DVLA complaint

I've also revised mine and removed the harassment words etc

Thanks again for your review @Fruitcake

zimbo_ouen

Hey all,

Firstly, thanks again for all your help to those who have contributed their ideas, suggestions and offered their help. It really is appreciated!

Secondly, I think we are pretty happy now with both our witness statements and will send them off this week (we are within the timeline needed to send these in still)

I think we have done as best we can with my defence, and our witness statements and evidence and exhibits, and on the day of the hearing it will be both myself and the girlfriend there at the hearing and have submitted our details previously to the local country court ready for the day

Unless anyone has any other last minute suggestions for our witness statements and exhibits:
My WS: https://www.dropbox.com/s/2qioz3zo5rh0iwt/Witness Statement and Exhibits - Redacted-XX.pdf?dl=0
My GF's WS: https://www.dropbox.com/s/puhw9ql6xyrmm8w/Witness Statement and Exhibits of Witness - Redacted-XX.pdf?dl=0

we'll now just wait and see how this all goes...

zimbo_ouen

Hey all,

Quick questions if I may on the signing of the witness statements as we will be emailing this all off soon...

We have both printed and signed our respective witness statements on the page required and want to know if we scan the whole signed page and insert that as a picture into our WS, or can we snip the signature and dated area and insert that into the document?

Just want to find out if either way is acceptable and legally valid for this before we send them off

Also unsure if I am able/need to send both witness statements to the court and Link Parking's solicitors myself, or if my gf needs to send hers separately on her own to them?

The court hearing instructions/documents don't specifically answer these so wanted to ask here if that's OK

Jenni_D

Personally I use a digital signature when signing PDF documents. (The digital sig includes an image of my actual written sig).

However you can replace the signing page in your WS PDF file with the scanned version that shows your physical signature.

zimbo_ouen

Hey everyone. Great news... I won my court case today! The judge dismissed the case in it's entirety in less than 10 minutes! I could tell from the start that I think the judge had already made up their mind going by their questions to the representative of BW Legal/Link Parking and they obviously couldn't convince the judge so they promptly dismissed the case saying Link Parking should have just cancelled the charge on my very first appeal when I could prove I was authorised to be there. I don't think they were very impressed with the Claimant's claim and how it had wasted their time.

Nothing was mentioned about costs so don't assume I'll get anything but just nice to have finally closed the door on this whole unnecessary malarkey from those idiots at Link Parking.

Thanks so much to everyone for their patience, to those who chipped in and gave great advice and for keeping me going to ensured I fought this all the way through!

For anyone with doubts on if they should persevere to fight a case, the answer is FIGHT IT! The judges are human and can see when a legit case is before them that needs to be dismissed!

Once I receive the official judgement, I can review, redact and share if people want to see it.

Thanks again all!