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Not_A_Hope

Cheers Ralph-y - I posted everything to leave no doubt to forum helpers that I have not changed nor proposed any change to the subsequent paragraphs as discussed earlier. I did comment only paras 2 and 3 amended

Le_Kirk

A lot of what you said in your defence should be saved for the witness statement (WS) which the proper place for the narrative  - the story of what happened on the day.  Your defence, which should be written in the third person, is a series of technical and legal argument.   There should be just enough detail to enable to judge to understand and so that you can support and back up your defence later with your WS and evidence.

Not_A_Hope

Thanks Le-Kirk. I understand that and will await comments on the updated Defence before moving on to the WS later

Coupon-mad

"2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied. 

3.      The Defendant entered XXXXXXX car park in XXXXXX, parked and promptly attended a ticketing machine, with his passenger who was a witness to the event. Not having used the car park before, the prominent signs at the entrance suggested it was a normal pay and display. He did not see any signs suggesting ANPR cameras were in use, any details of Terms or Conditions nor a requirement to input his car registration number. The only payment machine was located in the narrow turning area of the entrance which meant its use requires users to stand in the single track access road, blocking traffic entering and leaving the car park and affecting buses at the adjacent busy bus station. Because of its potential hazardous location he quickly checked the rates and   In good faith, the Defendant paid £1 for a ticket lasting for an hour. He then noticed the keyboard and wondered what it was for as the pay machine had not prompted him to enter anything and had issued the ticket. He took the ticket that was issued and put displayed this clearly on the dashboard of his car returning 30 minutes later to leave the car the car park."

Le_Kirk

He The defendant did not see any signs suggesting ANPR cameras were in use, any details of Terms or Conditions nor a requirement to input his car registration number. 

Just one (more) change as above.

Not_A_Hope

Thanks for the feedback. I assume the section struck out is a contributory factor to be included in the witness statement only

Coupon-mad

Yes, it's detail that isn't needed in a defence.

Not_A_Hope

Thank you. I have amended the Defence exactly as suggested. Unless advised otherwise I will not email to CCBCAW@Justice.gov.uk until the week before the deadline of 22/03/21. My thoughts are these extra few weeks will provide additional time to prepare the WS and increase the chances of a court hearing rather than a telephone hearing. 

• Do you suggest I start preparing the WS now before receiving and responding to the Directions Questionnaire?
• Can you provide a link to a model witness statement that I can amend for comment. I want to be absolutely sure I have got it right this time

nosferatu1001

That isnt the email address! Check it carefully.
You have 6 months from now until any hearing. Those weeks will have little effect. 
- Preparing a WS now has zero downsides, bar your time. 
 - Newbies thread!

Not_A_Hope

Sorry typo - CCBCAQ@Justice.gov.uk
I hadn't realised they were taking that long!