Horizon Parking / Gladstones Claim - Help with Witness Statement

rickw1986

Hi!
I've been using the forum for good while now and have just signed up as I really need help on a point in the witness statement we're filing with the court, if anyone with know-how could help please, it would be greatly appreciated. Thanks so much to everyone who contributes to these forums, would have been completely lost without the guidance documented here!
So far, I've followed the advice and guidance based on the Newbie Sticky in the forum from the point of Letter Before Claim being issued, to deal with a PCN issued against my Partner, by Horizon Parking and pursued by Gladstones Solicitors. My partner and I completely ignored the PCN and letters until the Letter Before Claim came (I know now this was the complete wrong thing to do). I'd like to point out that I am and have so far been looking into and dealing with everything for him (he's obviously signed everything etc) and will also be acting as lay representative if it comes to a hearing, due to the fact that English isn't his first language, and that the whole process is absolutely alien and daunting to him. In addition it's really something I should have dealt with as I now realise. In summary, here's where I'm up to:

• The vehicle was leased to my partner (Personal Contract Hire) at the time of the incident
• In Dec 2018 I parked on double yellow lines which I believed to be a public road; apparently it's actually a private road (it really isn't clear at all that it's a private road!!)
  
• Jan 19 the Leasing company identified my partner as the hirer following the PCN going to the leasing company on the back of DVLR request from Horizon
• Jan 19 my partner received both a Notice to Hirer and the PCN
• Subsequent chasers were sent, all ignored (I know this is wrong and won't be doing it again).
• Letter Before Claim was issued in Oct 19 (with wrong details), and a 'corrected' one issued a few weeks later
• Subject Access Request made with Horizon, using the advice and wording from this forum. Horizon provided letters/PCNs issued and the 'sign/contract'
• CCBC Claim received in Jan 2020. Included the usual Horizon/Gladstone 'contractual cost' 
• Agreed to mediation which resulted in absolutely nothing (as expected)
  
• Steps followed, defence filed with court and served using the latest 2020 template recommended in this forum. My partner admitted to being the Hirer however denied being the driver.
• Hearing date is set (In Person), Witness Statement is now due.

I will take and adapt the recommended witness statement recommended here however did want some help and advise on what to include:

• My partner was at work at the time of the incident; he has actually kept his rota from that month. Is it worth including this in the witness statement and including this as evidence?
  
• Should my partner admit that he knows who drove the vehicle? 
• Should he name the driver in the Witness Statement?
• Should I write a witness statement and admit that I was the driver?
• If he doesn't name the driver, to what degree can he pass comment in his witness statement as to where and how the car was parked at the time of the incident.

I would really appreciate any help any input very much

Half_way

first bit of advice, do not attempt to id the driver at this stage, never use terms like I parked, she parked, friend, partner, mother, neighbour, aunt, uncle, etc

nosferatu1001

Woah. Back to basics. You cant expect us to jump in right at the end....!
1) Did you point out, in the defence, that the Defendant was not the driver?
2) Did you aver that the claimant had not complied with POFA2012, namely but not limitred to, failing to serve a copy of the hire agreement?
(we know they didnt supply a copy, as you have told us AND no PPC ever does so) 

Onto your non numbered points, which make it really hard to reply. But in order
1) Well, yes. Of course you do. Why would you not? It proves he was not at the location specified. 
2) He only has to say he was not the driver. Which we hope you have already done, because the newbies thread template defence is REALLY clear on this point!
3) Why? That just throws the driver under the bus
4) Its not under dispute, right? The car WAS parked on a road, on double yellow lines. Plus, you know, he can visit the site to see...

Fruitcake

If the hirer/lessee was not the driver then they should say so, and definitely include proof that they were elsewhere and could not have been driving.
There is no legal requirement to name the driver. In the current situation it would be a bad idea.
It is extremely rare for a parking scammer to meet the strict requirements of the PoFA 2012 with regards to a hirer/lessee, so you need to read and understand those parts of the PoFA and show all the failings of the scammers.
I think it's paragraphs 13 and 14 of the PoFA  Schedule 4 that apply. The scammers must issue a NTH to the hirer/lessee within the required timescales, and include all the documents required by the PoFA including a copy of the hire agreement.

You need to explain this and show which parts of the PoFA the scammers failed to comply with.

If you have the scammer's WS, please show us asap. Only redact your (the hirer's) personal details.

nosferatu1001

Also, when is your deadline? Telling us that really helps. 

rickw1986

nosferatu1001 said:

Woah. Back to basics. You cant expect us to jump in right at the end....!
1) Did you point out, in the defence, that the Defendant was not the driver?
2) Did you aver that the claimant had not complied with POFA2012, namely but not limitred to, failing to serve a copy of the hire agreement?
(we know they didnt supply a copy, as you have told us AND no PPC ever does so) 

The Wording in the defence is 1:1 based on the template in the forum, in answer to your points here is the wording used:
1) Yes, admitted the Defendant was not the driver: "Volkswagen Financial Services (UK) Ltd was the registered keeper of the vehicle in question. It is admitted that the Defendant was the lessee of the Vehicle, but liability is denied. The Defendant further denies being the driver of the Vehicle."
2) Averred that Freedoms Act 2012, Schedule 4 not complied to: "The Defendant was first made aware by post months after the 'Parking Charge Notice' window sticker was allegedly issued, a copy of which the Claimant has failed to provide in the Particulars of Claim. The Defendant also understands that they cannot be held liable due to the Claimant not complying with the 'keeper liability' requirements set out in the Protection of Freedoms Act 2012, Schedule 4."

nosferatu1001 said:

Onto your non numbered points, which make it really hard to reply. But in order
1) Well, yes. Of course you do. Why would you not? It proves he was not at the location specified. 
2) He only has to say he was not the driver. Which we hope you have already done, because the newbies thread template defence is REALLY clear on this point!
3) Why? That just throws the driver under the bus
4) Its not under dispute, right? The car WAS parked on a road, on double yellow lines. Plus, you know, he can visit the site to see...

Sorry for lack of numbering, point taken, and thanks for the advice on this one.

nosferatu1001 said:

Also, when is your deadline? Telling us that really helps. 

Need to file by tomorrow 4pm.

Le_Kirk

That's a tight deadline!  Best you can do is to look at the example witness statement in the NEWBIE sticky and/or any of the others you will find by searching the forum.  The point of the WS is to back up and support (with evidence) the defence.  Witness statements are usually a narrative, in the defendant's own words in the first person.  Since this is a "not the driver" defence, it is difficult to write the story of what happened on the day, therefore it will have to come from the point at which the PCN/debt collector letters were received (and ignored) and take it from there, introducing evidence to back up any points made in the defence, for example, where they failed the requirements of POFA, the fact that the keeper was somewhere else on the day and this can be proven by .............

nosferatu1001

Sheesh, left it a little late!
You know you will be filing to claimant solicitor AND the court, yes? EMAIL is your route
So you go to town on para 13 and 14 - helpfully in the EDNA BASHER part of the newbies thread - anbd point out that the Claimant did not comply with POFA in these specific areas.... (ref to POFA, first time you mentioned POFA you write it out in full and put ("the Act") after it. Thereafter you would satte "The Act" everytime you refer to POFA. Makes it easier) 
as such I as the Hirer cannot be held liable. 
A WS is I, not the defendant. 

Looks like you got your defence in a good spot, but please, a little more time next time!
Also, do you have THEIR WS? If so show us the entire thing, all of it, do not redact anything excedpt your name, address, VRM - your personal details only. If THEY have redacted anything, tell us!

rickw1986

Indeed - I've left it really late...
As I'm new here I seemingly can't upload files or external links
I have the public link to the witness statement with reactions if you message me? 
They have redacted the 'landowner' / 'agent' contract.

rickw1986

OK as I can't post linked URLs, so if you copy/paste the below in to a browser it should open the doc to their Witness Statement (on my one drive, it's a PDF):

1drv.ms/b/s!AoTVZwMwBIFJmgnuFro0oacdGbHz?e=gzHgDu

Fruitcake

You have left your PCN number showing, and the claim number!

Not everyone uses Onedrive. Please upload it to a web hosting site such as tinypic, dropbox, or postimages or similar and post the URL here but change http to hxxp, after you have further redacted it of course.