Mistake on claim form. Would this work in my favour? 27 August 2021 at 5:08PM in Parking tickets, fines & parking 22 replies 403 views

twiggy95

Johnersh said:

Has a defence been filed yet?

There are a number of points to address, no doubt.

Based on what you say, the correct elements of the defence *in relation to this point only* would presumably be to DENY that:

* the driver parked at that location on 3x occasions
* that 3x tickets were incurred
* that the sums claimed are owing at all

And to AVER that:

If, which is denied, a debt is due on that date, the parking charge is applicable to a 24 hour period, such that 3 such charges cannot be incurred, much less any interest. 

The defence has been filed. Used the template provided and put my points in 2 & 3 (attached). I realised the mistake just recently. 

twiggy95

Currently waiting for Notice of Allocation and want to plan early for what to include in Witness Statement.

Johnersh

Not ideal. 

Para 1 is arguably wide enough to argue just about anything to that point since the charges are denied, but without setting out a clear basis. 

The forum favourite will be Jopson for loading & unloading. 

Your statement is a matter for you, but you may consider referring to the *two* days which are the subject of this claim or however many it is, excluding the repeated ones... 

The ppc would need to show you left and returned on multiple occasions to try and raise charges on the same date.
You admit being there, but may wish to clarify how many times you came and went for the reasons previously considered. 

Watch out for the claimant. It doesn't matter what their letters say/said, what matters is what they have claimed for. They don't get to amend their case on the fly in a statement or at court. 

D_P_Dance

I haven't complained to my MP. What would this achieve in relation to my specific case?

You would have to ask your MP that question.  

twiggy95

I have received Notice of Allocation to the Small Claims Track.

Can anyone link an up to date template for Witness Statement? Cheers!

KeithP

twiggy95 said:

I have received Notice of Allocation to the Small Claims Track.

Really? I thought this was your brother's case?
Please re-read my  post on your thread on 27 August at 5:56PM.

twiggy95 said:

Can anyone link an up to date template for Witness Statement? Cheers!

You need to be reading the second post in the NEWBIES thread.

Johnersh

Remembering that the witness statement needs to address the triple ticket as a factual point where the defence does not address it explicitly. 

Coupon-mad

Recent good WS examples to read and adapt are by @jrhys and @Nosy.

twiggy95

KeithP said:

twiggy95 said:

I have received Notice of Allocation to the Small Claims Track.

Really? I thought this was your brother's case?
Please re-read my  post on your thread on 27 August at 5:56PM.

twiggy95 said:

Can anyone link an up to date template for Witness Statement? Cheers!

You need to be reading the second post in the NEWBIES thread.

I'm helping him to defend it thus the wording. Sorry for the confusion. 

Thanks, I'll have a look!

twiggy95

Johnersh said:

Remembering that the witness statement needs to address the triple ticket as a factual point where the defence does not address it explicitly. 

Thanks, I'll bear this in mind.