Claim from form country court for unpaid PCN charges

alexrider

I undersatnd, even through its copy paste  wordings from other docs, this is not false statements, and its  the facts,   Thanks people, I will just ignore these and conitnue with my  witness statements preperation for hearing

D_P_Dance

They are accusing you of submitting a false statement to the court.  You might like to make a complaint about this  to  the SRA.  

https://www.sra.org.uk/consumers/problems/report-solicitor/

IMO this amounts to conduct likely to bring the profession into disrepute.  Make sure you copy it to your MP.  

alexrider

Hi There, can someone point me to witness stement template or example for defendant for parking related charges please (apologies I have tried looking through forums and intenet, but couldnt find relevant templates), appreciate if someone can point me to a template or example witness statement please?

 Thanks in advance

Jenni_D

There isn't such a thing as a WS template, as everyone's case is unique to them. You can however look at the threads by @Nosy and @jrhys and see their WS examples as a guide. Click on their names, find Discussions they have started, and read.

I'm surprised you haven't done anything re. your WS in the past 4+ months ... there have been many threads where people have asked exactly the same question as you have.

alexrider

@Jenni_D Thanks for the pointers,  was looking for some guidance as to where to start and how the document shoudl look like rather than just using the template,

Had few things going on so couldnt spend time on this earlier, hopefully i can get this done and send it in next week to be ontime for 14 day cut off period for my hearing which is scheduled on 18th of March,

I will draft my WS and and send it for experts feedback, Thanks

alexrider

Few days back Claimants solicitor contacted me over phone to request for a copy of my lease for which I have told that the claimant should acquire the lease from managemnet company and I told them my lease copy will be sent along with WS , the solicitors mentioned they will put the same in the file, I have also asked them to request the same formally in email/mail, can I confirm the same in the email or should I supply leaseholders copy now to solicitors ? Thanks

Umkomaas

You could argue that any professional, organised, PPC would have checked lease arrangements in their due diligence prior to entering contractual arrangements with the landowner/MA. 

Or were they so over-excited and desperate to start issuing penalties they overlooked (or found it far too inconvenient) doing any due diligence whatsoever?

KeithP

Or to rephrase @Umkomaas' comment...

Suggest to the solicitor that they ask their client for a copy of the lease, as surely their client, the parking company, would have taken that into consideration when agreeing a contract with the site owner.

ParkingMateUK

I have recently defended a case like yours and I wanted to add a point or 2 if not already covered.
If you have a copy of your lease showing your rights to the parking space, share a copy with their solicitors.

Ultimately, the judge will assess the case based on evidence provided by both sides. So try to provide as much evidence as possible to defend your point.

I am sure the advice provided so far has been spot on.

alexrider

Thanks all for your inputs, I have gone through my lease, however I dont see any points related to Car park mentioned in lease apart from the following,

"If the Tenant has the benefit of lease of a space in the Car Park ( 'The Parking Lease') and the parking lease has not been determined, the Parking Lease is disposed of at the same time, in the same manngher and to the same person as this lease"

and this is under Assignemnt, Underlying and Charging Section of lease

Also please note my Flat doeasnt have a car park lease, but I usually use visitor/Contractor car park by speaking to concienrge if I have to unload/load the material or if I need to use for any other purposes on site,

Just to give back ground on circumstances I have recieved parking ticket is :

I have left my car on communcal space to unload the material into flat with hazard lights on as usual car park was closed and no alternative arrangemnts were made on site by managment company ( on usual circumstances I use visitor/contractor car park)