Witness statement Draft for NTK

MissssyD

Thank you @bargepole and @Redx I will try and compile this today. If the hearing is shortly as in less than 14 days, the court will be fine to accept the supplemental WS? 

MissssyD

@bargepole @Redx @Le_Kirk @Coupon-mad please could you check if the below is ok to add as a supplemental witness statement? I’m not sure what to say in relation to COPR from the Claimant WS above. If there is anything I could add and have missed please let me know. Thank you again. 

1.         On the date xx , I was at home at my address xxx with my young child. The driver was a family member who is insured to drive the vehicle under my insurance policy.  Due to the Claimant’s failure to comply with the statutory requirements of Schedule 4 of POFA 2012, the Claimant is unable to transfer liability to me as the vehicle’s keeper and therefore has no cause of action in this matter. 

2.         The Defendant denies receiving the PCN which the Claimant states was issued on the date xx, date xx and 1date xx to my previous address.  If the charge notice was sent it would have been redirected by Royal Mail to my new address.  It was in January that we moved to the new address. XX acting on your behalf had my new address when they sent the letter demanding £149.99.  

3.         When I spoke to X at XX I will state that I told them I was not the driver although she kept insisting, I was. 

 

4.         The driver was not aware the site was restricted to 2 hour parking but can confirm the, that there was indeed a sign saying customer parking only in blue.  There were no visible signs warning of a 2 hour restriction.    

5.         The Defendant has been requesting numerous times to all parties, X, XX and XXX, to provide evidence of the PCN but have failed to submit this to enable me to investigate further. The Claimant states 22 vi, “the Defendant was provided with the evidence currently held on file”.  If the Claimant is suggesting that the PCN was included in the email they responded to, on date xx, they have not.  The only items submitted were images of the site and sign along with the contract.  I have sent the original email issued byXX on date xx at around xx and respectfully request the court to examine this as the PCN was still not attached despite the request being made

Le_Kirk

Bit confusing with all the "X" and "XX".  You only need to keep your personal information secure.  Since the claimant and their solicitor know who they are, don't see any reason why you should not name them here plus also show dates.  Remember the judge has got to read this (albeit without the "X"s) but it should make sense to him/her.

MissssyD

No worries I wasn’t sure if I could or not till after the hearing. I have included below the revised without the X. Thank you 

MissssyD

On the date 20th August, I was at home at my address xxx with my young child. The driver was a family member who is insured to drive the vehicle under my insurance policy.  Due to the Claimant’s failure to comply with the statutory requirements of Schedule 4 of POFA 2012, the Claimant is unable to transfer liability to me as the vehicle’s keeper and therefore has no cause of action in this matter. 

2.         The Defendant denies receiving the PCN which the Claimant states was issued on the date 26th January 2018, 12th February 2018 and 1st March 2018 to my previous address.  If the charge notice was sent it would have been redirected by Royal Mail to my new address.  It was in January that we moved to the new address. DRP acting on your behalf of Highview Ltd had my new address when they sent the letter demanding £149.99.  

3.         When I spoke to the lady at at DRP I will state that I told her I was not the driver although she kept insisting, I was. 

 

4.         The driver was not aware the site was restricted to 2 hour parking but can confirm the, that there was indeed a sign saying customer parking only in blue.  There were no visible signs warning of a 2 hour restriction.    

5.         The Defendant has been requesting numerous times to all parties, Highview Ltd, DRP and DCBL to provide evidence of the PCN but have failed to submit this to enable me to investigate further. The Claimant states 22 vi, “the Defendant was provided with the evidence currently held on file”.  If the Claimant is suggesting that the PCN was included in the email they responded to, on 5th May 2021, they have not.  The only items submitted were images of the site and sign along with the contract.  I have sent the original email issued by DCBL on date 3rd December at around 1615 and respectfully request the court to examine this as the PCN was still not attached despite the request being made.

Coupon-mad

The Judge will not know who DRP are.

The driver was a family member who is insured to drive the vehicle under my insurance policy. 

Attach a copy but cover their first name so the PPC can't pursue them.  It's just a case of proving you are being truthful that you were not driving.  There is no obligation to name the driver.  Have you already appended to your last WS, Henry Greenslade's words about keeper liability from the POLA Annual Report 2015?  That really helps Judges, and Mr Greenslade is a parking law expert barrister who has not only run POPLA, but he was also a Local Authority parking appeals Lead Adjudicator.

Le_Kirk

You need a paragraph number for your first paragraph.  If this ties in with what you stated in your defence it should be OK, although I would change 5 to: -

5.         The Defendant has been requesting requested numerous times to of all parties, Highview Ltd, DRP and DCBL to provide evidence of the PCN but have failed to submit this to enable me to investigate further.

MissssyD

I attached my insurance certificate already and their name is visible. I wasn’t sure I was allowed to hide it from the judge.  The deadline to the WS was 3rd December which I emailed across. I then received DCBL WS which I attached above.  I can resend with removing dates etc? Yes I did attached Mr. Greeslades annual report and BPA too in my original WS.

So was thinking of sending these points 1-5 as an addition to my previous WS. 

I was just trying to attach their contract for you all to see and to obtain feedback but for some reason I can’t? 

Coupon-mad

No, don't re-send stuff, it will annoy the court.

So was thinking of sending these points 1-5 as an addition to my previous WS. 

Do you really need to?  Are you adding anything you can't say in the phone call hearing?  I tend to advise not annoying the court with email tennis WS, trying to get the last word.  There is no need and it sounds like your first WS and evidence was solid.

MissssyD

True I don’t want to annoy the court. I did send the original email that they sent me so the judge has evidence that they didn’t send the original pcn only included it in their WS. Ok will mention the points at the telephone hearing. Thanks to you and the rest of the team I was able to get the WS and also understand more about the POFA NTK and signage as I didn’t have a clue until now. Thank you all 

Please could you point me in the right direction on COPR that the claimant mentions I don’t understand their points.