Witness statement Draft for NTK

Coupon-mad

I don't know what COPR is?

MissssyD

I think they meant CPR

Redx

CPR are the legal rules of engagement , the ones both sides should be following and quoting

Civil Procedure Rules ?  Something like that 😁😁👍👍

MissssyD

Thank you @Redx

MissssyD

I lost the case. I was very nervous and blanked out. I think the fact that DVLA didn’t change the address in time. I should have provided evidence that I moved, included POFA schedule, and full copy of the BPA. The judge also stated that I should have said I wasn’t the driver. Thanks for all your help though. 

Redx

MissssyD said:

I lost the case. I was very nervous and blanked out. I think the fact that DVLA didn’t change the address in time. I should have provided evidence that I moved, included POFA schedule, and full copy of the BPA. The judge also stated that I should have said I wasn’t the driver. Thanks for all your help though. 

All good points , so yes your defence should have clearly stated that you were not the driver , Bargepole did warn you on a previous post ! ( Who was the claimant ? How much was the judgment for ? )

A shame that you didn't come here at the defence stage and modify the template plus get our feedback !

If we had assisted you the whole way through , the outcome could have been different !

MissssyD

Thanks RedX I didn’t have the original pcn even with redirection with Royal Mail I never received the pcn. But the previous debt collectors had my new address after. If I provided evidence I moved address The judge said I had to submit that. I didn’t know how to write the defence. It was by chance I found this forum after my defence was written. Highview Parking Ltd. It ended up being £380 approximately. I should have followed bargepole advise and sent something further once I received the Claimants WS so my advice would be send something further once the claimant sends their WS. In their WS they claimed to have sent the evidence (pcn) was not included and gutted that I didn’t include the copy of my email requesting it so it gave a false impression that I had all evidence. I had passed the email to the county court so they could see the original email but I don’t think the judge has that. The judge mentioned about the 28 days not being present on their contract I too mentioned that but I didn’t have the code of practice in appendix to support it. However their pcn stated the 28 days and I explained I never received them until I received the witness bundle. I mentioned about NTK as suggested by Bargepole so I was a bit confused as their legal rep quoted POFA a few times but they didn’t submit the pofa legislation in their bundle nor were they asked for it. I think based on this it has to be the Defendant that needs to submit this? All I can say I was very nervous and tried my best to mention about the signage and also mentioned that the signs weren’t easily visible but the judge mentioned that the driver should have walked around to look for them. The claimant even produced two different signage at the entrance in their evidence. I challenged that in my WS and mentioned that during the hearing too.

Thank you all again I hope to never receive a pcn but if I do I know where to come for help. 

Redx

Highview Parking have never , Never complied with POFA ( now group Nexus ) , so no idea how a non driving keeper can lose in court , or why the judgment is so large either !!

Highview Parking tend to discontinue when a keeper who wasn't the driver is defending a case , or lose on non POFA compliance , in court

MissssyD

Dcbl were representing them 

I didn’t submit the pofa into my bundle although I mentioned it. The judge wanted a copy and I apologised and said I didn’t realise I had to include the legislation. When she asked the claimant about the 28 day not being on the signage I had already covered that in my statement but didn’t submit BPA as evidence to indicate the 28 day on their signage. So both these points went against me. I think the main cause was they sent the pcn to old address and on there it stated 28 days but I explained I didn’t have the original pcn. However the pcn stated 28 days so that would have been sufficient time to pay.  I also mentioned I zoomed in on the pic of the pcn and knew it wasn’t me. She asked if the pic was submitted in the bundle to prove this. I said no as I only received this in their evidence bundle on the deadline the WS was produced. Never had this before then so roughly two weeks ago. Also I wasn’t sure if I was allowed to send more information to the court after the WS deadline. It all happened so fast and it can be really daunting as I never experienced this before. 

Coupon-mad

You were not driving so could not be legally held liable by a company who never use the POFA 2012.

Bad Judge, led by a rep who should NEVER have cited the POFA because Highview don't use it or comply with it. 

I've no idea why anyone got bogged down with '28 days not being on the signage' because that's not required and not part of POFA.  Certain words must appear on the NTK.  Not the signage.

The Judge had no idea what she was doing and let the rep lead her.

This is wrong and if is not down to you to supply statute law, the Judge can easily locate it during the hearing.

You cannot be charged over £300 either, that's more than the claim.  Surely this awful Judge didn't let the rep have their fee?  They only get that if you behave unreasonably!