Ccj and defence

Fruitcake

You are dealing with a court claim. The law is a pedant. You need to use the correct legal terminology. Nobody is being rude or blunt.

The regulars have pointed out that you have made errors in your wording. You need to understand what these errors are, and correct them yourself. 

Your statement of truth is incorrect. You need to correct it because it is a legal requirement to use the correct legal wording. 

I'll give you a clue, as Keith has already tried to do. The first sentence of your statement of truth is not correct. It should refer to the document you are writing, not to a different type of document.


Remove this from your paragraph 7 
"In the alternative"

You need to check the claimant's WS and quote the relevant Exhibit number in your paragraph 10 instead of ????

Remember, we can only go by what you show us, and we will comment on what you have written here.  

shortysky

i haven't had a statement from them yet? i used the template of what was linked so i assumed they had the statement of truth in the right place.  why should i take alternative is this not the right wording? 

Redx

KeithP is stating that your statement is incorrect because it says the word defence but should say witness statement , due to being a different document

Yet again you are disrespecting those of us helping you , causing more of us to be frustrated and withdraw , like I did.

You are your own worst enemy due to biting the hand that feeds you !! You should accept the criticism and improve , which is how this works in every case on here , we mark your homework !!

I have just explained your error , a crucial error in this case , so you should apologise to KeithP and offer an olive branch , not do the poor me routine , which is now tedious

Your reply should now be , thank you KeithP and Redx and Fruitcake , I have done what you all said and am grateful for you pointing out my errors

We shall see in your next reply !!

shortysky

yes i am my own worst energy i know this, but i was going to go over everything for errors and miss spelled things at the end, i just anted to make sure i was on the right track with the wording. i sorry for snapping, and i am grateful for your help. but no one commented on what i had wrote and just pin pointing errors. which was all being fixed at the end such as spelling wrong wording and the numbers on the paras. I am grateful for pointing out the errors but i knew there was plenty there. obviously not were it said defence which is what was wrote on the WS template that was linked for me to use.  i have changed that and also some of the statement. 

Redx

We do not work that way and are unpaid volunteers , assisting where we can as a group , with different specialties !!

Every feedback counts !!

Once the errors are corrected and a decent draft produced , we hone in on the story , you are doing it back to front , causing this hostility

Personally , I can only do it my way , you go your way , we cannot agree , so I and possibly we leave you to it because you don't pay us enough to accept the abuse , that is where I am coming from as a disabled and mildly dyslexic person who does not wear it on my sleeve , but gets by regardless !!

It's either our way or go it alone , you decide please

shortysky

so this is everything ive changed and used the advice given, just not took in the alternative out yet. as wanted someone to let me know what the issue is with this word. i feel like is close to sending. but assuming i need to wait for claimants statment so i can remove the ??? from para 10. not sure when i will receive theirs? 

WITNESS STATEMENT OF DEFENDANT

 

 

1.         I am XX of 17 XX and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge and online resources.

 

2.         In my statement I refer to photographic exhibits within the evidence supplied with this statement, to support my defence. I will say as follows: 

 

3.       The Claimant are put to strict proof, by means of contemporaneous and unredacted evidence of a chain of authority flowing from the Landowner of the relevant land to the Claimant, Civil Enforcement Ltd, Company number 05645677, authorising the Claimant to issue Parking Charge Notices, and to enforce such charges by means of civil proceedings.   It is my understanding that the contract between the Landowner and the company appointed to manage this site is with a company called "Creative Parking."  If this is the case, then the Claimant has no authority to litigate on their behalf.  The Claimant is put to strict proof.

4.      The claimant has inflated the claim from £100.00 rising to £182.00. This additional cost amounts to more than "double recovery" of fees that are already part of core charge on the Notice to keeper.  This is also in breach of the Beavis Judgement and in breach of the Consumer Rights (grey list) 2015 Sch 2 and is an abuse of process to attempt to recover sums they are not entitled to.

5.      Claimant's trade body, the BPA, has no legal status so the Defendant requests the Claimant gives a full explanation of the authority they intend to rely on regarding this add on amount.  

6.      Claimants are put to strict proof that their signage complied with their CoP and passes the test for Beavis visibility.  The signage at this location is clearly unlit SEE PHOTO EXHIBIT CD1 nor prominent for approaching vehicles and as this alleged breach occurred in the hours of darkness, as shown on the Notice to Keeper, it would have been impossible to see the signs which are in place.

 

7.        In the alternative on 9th December 2019 at 5.59 I pulled into a service road and parked outside a Pizza Express restaurant on Woodford Road, Stockport. I pulled into the last parking bay outside pizza express, to breast feed my 2-month-old child at this point I was still in the car, it was a busy night and I recall the streets being busy. I was breastfeeding in the car for roughly an hour or more, I then needed to change my babies’ clothes and nappy, as she had been sick on herself. My passenger did however leave the car to get some refreshments from pizza express. I calmed down and feed baby, so I could continue to drive safely. It was a tense drive as I was a new driver and mum with a crying hungry baby on board. I was shaky and on edge. My passenger came out with the food who also did not notice any signs, once I had tended to my babies needs, we ate in the car and left as I felt it was safe to do so.

 

8.     On entering the service road it was dark and busy moderately busy with passers-by and people gathering. I did not see any signs about parking on arrival nor on leaving the road. The darkness is evident on the claimants PNC images. My headlights are on. SEE PHOTO EXHIBIT CD2.

 

9.       Upon receipt of the PCN I made a subsequent visit to the location in daylight hours. On this occasion I observed some small signs which were not illuminated or prominent, also no prominent signs about ANPR cameras being used. Photos of the signs. SEE PHOTO EXHIBIT CD3. Signage near parking bay I pulled up into. SEE PHOTO EXHIBIT CD4. There were no clear signs facing the approaching vehicles to inform drivers parking restrictions are in place. Apparently, the signs they once had SEE PHOTO EXHIBIT CD5 were removed by the council, prior to the date of this alleged contravention. This indicates that the claimant had no planning permission for sufficient entry signs.

10.         On the 13th of December 2019I received a Notice to Keeper (NTK), see claimant's Exhibit ????, for an alleged parking event on land at 34 - 38 Woodford Road, Stockport. I appealed on the 18th of December 2019, stating that I did not leave the vehicle as I was breastfeeding an infant under six months, whilst my passenger did in fact leave the vehicle to make purchase for us from pizza express. I stated I did not see any signage on entering or leaving the street.

 

11.      Also, it should be noted that this specific restaurant is located at number 32, Woodford Road, Stockport, which is outside the area stated on the notice to keeper. See Exhibit CD6 This building not owned by the same company according to the owners of 34-38.

 

12.         On the 18th of December 2019 I followed the claimants inhouse appeal procedure, but they failed to mitigate and uphold my appeal. I was going to appeal to POPLA with more evidence after id done some work on this appeal. But unfortunately became ill and then moved home.

 

 

13.       I later received a court claim. The Particulars of Claim were vague, stating only that it was for an alleged parking event on land at Woodford Road, Stockport. It should be noted that this road is approximately six miles long and has several car parks serving various businesses and residential properties along its length. The claimant is put to strict proof.

 

14.         The Equality Act 2010 prohibits direct and indirect discrimination against a person who has protected characteristics within the meaning of the Act.
Section 17 para 4 of the Act states that reasonable adjustments must be made for a person who is breastfeeding an infant under 6 months of age. This was brought to the claimant’s attention in my appeal, so it is in my belief the claimant’s rejection of my initial appeal was discriminatory.

 

15.       It took approximately around an hour to breastfeed my child, and before it was safe to drive. This did not involve the obvious requirements for hygiene. A reasonable adjustment in this instance would have been to extend the permitted parking situation in line with my situation.

 

16.   The claimants code of practise states they must make necessary adjustments in line with the Equalities Act. Therefore, together with their inadequate signage, the claimant has failed to make reasonable adjustments.

I do not believe the claimant has suffered any loss regarding this “de minimis” matter.

17.       Upon confirmation that attendance at any hearing would result in a loss of leave, I will ask for my fixed witness costs of £95 as specified by CPR Practice Direction 27, 7.3(1), and due under CPR 27.14(2)(e).

18.       As a litigant-in-person I have had to spend considerable time researching the law online, attempting to correctly interpret the legal terminology, preparing my defence, and preparing my witness statement.

Statement of Truth

 STATEMENT OF TRUTH

I believe that the facts contained in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Witness’ signature:

Fruitcake

shortysky said:

i haven't had a statement from them yet? i used the template of what was linked so i assumed they had the statement of truth in the right place.  why should i take alternative is this not the right wording? 

Ah, my apologies. I thought you had received the claimant's WS. I've gone back over this thread and realised now where I saw the documents the claimant stated where the alleged event occurred. 

It was here in this post. 

Ccj and defence - Page 5 — MoneySavingExpert Forum

Where you have put ???? in your paragraph 10, you should replace it with reference to a separate exhibit to include the NTK.

Then where you mention the appeal, and later the claim, state that all the letters refer to 34 - 38 Woodford Road, but the claim form particulars of claim are vague and only refer to "car park Woodford Rd," which could have been any one of the half a dozen or so car parks on the six mile long Woodford Road.
Highlight the fact that the claim itself does not specify where the alleged event took place.

Include the letters as exhibits, and the claim form as another one, and refer to them in your dialogue.

It would be useful for us to see your WS with the exhibits themselves included so we can understand what you are referring to in your dialogue.


As for, "In the alternative", you are stating what happened on the day. The facts. You can't have alternative facts.
You can't say, this is what happened, then say, alternatively, this is what happened. It's one or the other.

shortysky

Hi thank you for getting back to me, no I have not received the WS from them as of yet, and not sure when I will. But by the 15th of July it needs to be forwarded. 

When you say this “Where you have put ???? in your paragraph 10, you should replace it with reference to a separate exhibit to include the NTK.” Do you mean I have to put the original NTK in evidence as I exhibit? I will change what you have mentioned and put the whole WS in a comment. 

shortysky

IN THE COUNTY COURT

 

Claim No.: xx

 

Between

xx

 (Claimant) 

 

- and -  

 

xx

 (Defendant)

 

BUNDLE – TABLE OF CONTENTS

 

  

Content                                                                                                                                Page       Witness Statement		2 – 4
Exhibit CD1 – Photo of signage from a distance.		6
Exhibit CD2 – Photos of darkness from PCN photo.		7-8
Exhibit CD3 – Photo of signage close.		9-10
Exhibit CD4 – Photo of signage from parking bay.		11-12
Exhibit CD5 – Photos of previous signs.		13-14
Exhibit CD6 –Notice to keeper		15
ExhibitCD7-Address of Pizza Express		16
ExhibitCD8-Claim form referring to Woodford Road		17

 

IN THE COUNTY COURT

 

Claim No.: xx

 

 

Between

Civil Enforcement Limited

 (Claimant) 

 

- and -  

 

xx

 (Defendant)

 

 

WITNESS STATEMENT OF DEFENDANT

 

 

1.         I am XXof XX and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge and online resources.

 

2.         In my statement I refer to photographic exhibits within the evidence supplied with this statement, to support my defence. I will say as follows: 

 

3.       The Claimant are put to strict proof, by means of contemporaneous and unredacted evidence of a chain of authority flowing from the Landowner of the relevant land to the Claimant, Civil Enforcement Ltd, Company number 05645677, authorising the Claimant to issue Parking Charge Notices, and to enforce such charges by means of civil proceedings.   It is my understanding that the contract between the Landowner and the company appointed to manage this site is with a company called "Creative Parking."  If this is the case, then the Claimant has no authority to litigate on their behalf.  The Claimant is put to strict proof.

4.      The claimant has inflated the claim from £100.00 rising to £182.00. This additional cost amounts to more than "double recovery" of fees that are already part of core charge on the Notice to keeper.  This is also in breach of the Beavis Judgement and in breach of the Consumer Rights (grey list) 2015 Sch 2 and is an abuse of process to attempt to recover sums they are not entitled to.

5.      Claimant's trade body, the BPA, has no legal status so the Defendant requests the Claimant gives a full explanation of the authority they intend to rely on regarding this add on amount.  

6.      Claimants are put to strict proof that their signage complied with their COP and passes the test for Beavis visibility.  The signage at this location is clearly unlit SEE PHOTO EXHIBIT CD1 nor prominent for approaching vehicles and as this alleged breach occurred in the hours of darkness, as shown on the Notice to Keeper, it would have been impossible to see the signs which are in place.

 

7.        On 9th December 2019 at 5.59 I pulled into a service road and parked outside a Pizza Express restaurant on Woodford Road, Stockport. I pulled into the last parking bay outside pizza express, to breast feed my 2-month-old child at this point I was still in the car, it was a busy night and I recall the streets being busy. I was breastfeeding in the car for roughly an hour or more, I then needed to change my babies’ clothes and nappy, as she had been sick on herself. My passenger did however leave the car to get some refreshments from pizza express. I calmed down and feed baby, so I could continue to drive safely. It was a tense drive as I was a new driver and mum with a crying hungry baby on board. I was shaky and on edge. My passenger came out with the food who also did not notice any signs, once I had tended to my babies needs, we ate in the car and left as I felt it was safe to do so.

 

8.     On entering the service road it was dark and busy moderately busy with passers-by and people gathering. I did not see any signs about parking on arrival nor on leaving the road. The darkness is evident on the claimants PNC images. My headlights are on. SEE PHOTO EXHIBIT CD2.

 

9.       Upon receipt of the PCN I made a subsequent visit to the location in daylight hours. On this occasion I observed some small signs which were not illuminated or prominent, also no prominent signs about ANPR cameras being used. Photos of the signs. SEE PHOTO EXHIBIT CD3. Signage near parking bay I pulled up into. SEE PHOTO EXHIBIT CD4. There were no clear signs facing the approaching vehicles to inform drivers parking restrictions are in place. Apparently, the signs they once had SEE PHOTO EXHIBIT CD5 were removed by the council, prior to the date of this alleged contravention. This indicates that the claimant had no planning permission for sufficient entry signs.

10.         On the 13th of December 2019I received a Notice to Keeper, for an alleged parking event on land at 34 - 38 Woodford Road, Stockport. see Exhibit CD6. I appealed on the 18th of December 2019, stating that I did not leave the vehicle as I was breastfeeding an infant under six months, whilst my passenger did in fact leave the vehicle to make purchase for us from pizza express. I stated I did not see any signage on entering or leaving the street.

 

11.      Also, it should be noted that this specific restaurant is located at number 32, Woodford Road, Stockport, which is outside the area stated on the notice to keeper. See Exhibit CD7 This building not owned by the same company according to the owners of 34-38.

 

12.         On the 18th of December 2019 I followed the claimants inhouse appeal procedure, but they failed to mitigate and uphold my appeal. I was going to appeal to POPLA with more evidence after id done some work on this appeal. But unfortunately became ill and then moved home.

 

 

13.       I later received a court claim, all correspondents before the court claim refer to 34-38 Woodford road, the claim form particulars of claim are vague and only refer to “car park-Woodford Road.” Which could have been any one of the halve a dozen or so car park parks, on the six-mile-long road. The claimant does not specify where the alleged event took place. see Exhibit CD8. The claimant is put to strict proof.

 

14.         The Equality Act 2010 prohibits direct and indirect discrimination against a person who has protected characteristics within the meaning of the Act.
Section 17 para 4 of the Act states that reasonable adjustments must be made for a person who is breastfeeding an infant under 6 months of age. This was brought to the claimant’s attention in my appeal, so it is in my belief the claimant’s rejection of my initial appeal was discriminatory.

 

15.       It took approximately around an hour to breastfeed my child, and before it was safe to drive. This did not involve the obvious requirements for hygiene. A reasonable adjustment in this instance would have been to extend the permitted parking situation in line with my situation.

 

16.   The claimants code of practise states they must make necessary adjustments in line with the Equalities Act. Therefore, together with their inadequate signage, the claimant has failed to make reasonable adjustments.

I do not believe the claimant has suffered any loss regarding this “de minimis” matter.

17.       Upon confirmation that attendance at any hearing would result in a loss of leave, I will ask for my fixed witness costs of £95 as specified by CPR Practice Direction 27, 7.3(1), and due under CPR 27.14(2)(e).

18.       As a litigant-in-person I have had to spend considerable time researching the law online, attempting to correctly interpret the legal terminology, preparing my defence, and preparing my witness statement.

Statement of Truth

 STATEMENT OF TRUTH

I believe that the facts contained in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Witness’ signature:

XX

 

Date:

shortysky

so this is it all so far, changed what has been told to change and added what you have said. just not sure if i change the ??? part to one of my exhibits? i have tried to get some night time pictures also which i don't feel do me any justice. so don't know if to leave them out? i will add them now to show what images i am using and the night time ones i have but haven't used. any advice would be great.