Struggling with ws, 11 days to deadline

Tiredofparkingfine

For the defence I never used the forum template as I came across this forum too late after I had filed the defence.

Coupon-mad

Ok no worries.  Show us your latest draft WS and we'll help further.

Tiredofparkingfine

Okay thank you

I'll try my best to do that by today.

Tiredofparkingfine

 1. I am <NAME> of <ADDRESS>, 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.

 2.    In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

 Sequence of events and signage:

 3.     In October 2020, I received a PCN through the post for waiting in my car on a private land for 10 minutes and 40 seconds.

 4.   There is no boundary present between the pavement and land indicating entrance to a private property as is evident in the pictures I have taken (evidence 1)

 5.    There is a sign displayed on the wall which is considerably high and easy to overlook.(evidence 2)

 6.     I merely stayed in the car whilst waiting for my children to pick up groceries from the nearby store for ten minutes and forty seconds.

 7. A couple of days later I received the PCN of sixty pounds.

 8.   I genuinely did not realise I was on a private land, the area being adjacent to the pavement without any boundaries or signs at entry point.

 9. I did not think the PCN was fair therefore I appealed to the PPC which was rejected.

10.  I politely request that the claim brought against me by Globe Protection Limited be dismissed.

Tiredofparkingfine

Hi,

Thats what I've managed so far.
Any suggestions will be greatly appreciated.

thank you

Tiredofparkingfine

I just had another question,
I have a telephone hearing scheduled, so at the hearing will i be doing alot of speaking?
what will happen?

Coupon-mad

Tiredofparkingfine said:

I just had another question,
I have a telephone hearing scheduled, so at the hearing will i be doing alot of speaking?
what will happen?

You can find out by searching the forum for 'ANOTHER ONE BITES THE DUST' and reading some successful court reports of how it went.  We encourage people to give a little 'court report' and reading those will assist you.

That is not a robust enough Witness Statement.  See the advice here:

https://forums.moneysavingexpert.com/discussion/comment/79013061#Comment_79013061

And here is a recent one (case just won, by discontinuance):

https://forums.moneysavingexpert.com/discussion/comment/79008274/#Comment_79008274

Although that person needed to add the wording I was encouraging them to add about the fact that the Government has banned debt recovery fees/damages from being added on top of parking charges.  See the first link.  Wording about that is there. 

Combine the two and your own facts, and show us the next draft.

Tiredofparkingfine

1. I am <NAME> of <ADDRESS>, 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.

 2.    In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

 Sequence of events and signage:

 3.     In October 2020, I received a PCN through the post for waiting in my car on a private land for 10 minutes and 40 seconds.

 4.   There is no boundary present between the pavement and land indicating entrance to a private property as is evident in the pictures I have taken (evidence 1)

 5.    There is a sign displayed on the wall which is considerably high and easy to overlook.(evidence 2)

 6.     I merely stayed in the car whilst waiting for my children to pick up groceries from the nearby store for ten minutes and forty seconds.

 7. A couple of days later I received the PCN of sixty pounds.

 8.   I genuinely did not realise I was on a private land, the area being adjacent to the pavement without any boundaries or signs at entry point.

 9. I did not think the PCN was fair therefore I appealed to the PPC which was rejected.

10.  I politely request that the claim brought against me by Globe Protection Limited be dismissed.
11.   In addition to the disputed Parking Charge Notice claim amount of £100, the Claimant has added a sum of £60 that is disingenuously described variously as 'debt collection costs', ‘additional charges levied to cover the cost of recovery’, ‘additional administration costs’, ‘debt recovery costs’, ‘initial legal costs’ and ‘recovery costs’. The added £60 constitutes double recovery and the court is invited to find the quantum claimed is false and an abuse of process as was found by District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) in Excel vs Wilkinson: G4QZ465V, a similar case in which £60 had been added to a parking charge, heard in July 2020 (the transcript of which is exhibit AR_008). The Judge concluded that such claims are proceedings with 'an improper collateral purpose'. Leave to appeal was refused and that route was not pursued."
12.   I believe that the facts stated 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.

Tiredofparkingfine

Is there anything more I can mention about the amount of time I was there and about no boundry being present.
I've tried searching the forum for something similar but can't find anything.
Thanks

Coupon-mad

Don't use the acronym 'PPC' as that is forum-speak.

And re this, don't walk into admitting you were there longer than 10 minutes:

3.     In October 2020, I received a PCN through the post for waiting in my car on a private land for 10 minutes and 40 seconds.

 6.     I merely stayed in the car whilst waiting for my children to pick up groceries from the nearby store for ten minutes and forty seconds.

How do you know it was over 10 mins?  How do you know their timing was synchronised?  Why believe their timing and repeat it?

Better to say you believe the quick shop took less than 5 mins and you were actually parked for less than ten minutes all told,  which you think is the minimum grace period as per the Trade Body Code of Practice.  The Claimant's timings are not accepted and they are put to strict proof of unaltered and synchronised time stamps, as well as evidence showing the grace period and terms for genuine shoppers allowed by their client in the landowner contract, required by the DVLA before registered keeper data can be obtained.

Where is the extra stuff about the new DLUHC Code of Practice?  For inspiration there are a couple of posters working on WS right now, who have included it.  Copy.