County Court letter

Trainerman

Right, I have looked on street view for 2018 and there are signs, but sideways on to the direction of travel as far as I can tell. Not many of them and no entrance sign, so there may be something there to work with. I am not all that good with GSV on this computer, so if any of the forumites that are world class at this could take a look it would be very helpful.

Also, and sorry to put this baldly on a public forum, but it needs people more knowledgeable than me. It is likely that the actual driver was the OPs late husband. Because of his passing, she was never able to pass on details of driver. Is there anything to work with in WS there?

Just trying to come up with ideas

Le_Kirk

I often post this to help posters understand the difference between defence and witness statement: -

Your defence that you have already filed would/should have been written in the third person (the defendant did this/that rather then I did this/that) and is a series of technical/legal arguments refuting what the claimant put in the POC.

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative (story) of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

For witness statements, the statement of truth’s wording will be as follows: -

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.

One of our regulars @Coupon-mad regularly posts examples of good recent witness
statements, click on her user name, go to her profile and look for posts she has made.
The most recent ones are: -@wobs2k, @aphex007, @Daiapolon2021 and @anged

maycowan

Trainerman said:

Right, I have looked on street view for 2018 and there are signs, but sideways on to the direction of travel as far as I can tell. Not many of them and no entrance sign, so there may be something there to work with. I am not all that good with GSV on this computer, so if any of the forumites that are world class at this could take a look it would be very helpful.

Also, and sorry to put this baldly on a public forum, but it needs people more knowledgeable than me. It is likely that the actual driver was the OPs late husband. Because of his passing, she was never able to pass on details of driver. Is there anything to work with in WS there?

Just trying to come up with ideas

I so appreciate your help as I have no idea what to put in WS. The alleged offence was 2017 and tbh when I have gone to my doctors I've never noticed signs and there are no yellow lines is what I would look for. I am saying that my husband was probably the driver. My worry is that if I'm saying I wasn't the driver what can I say in my WS. I think once I have written this I will feel more confident as I didn't sleep last night for worrying. I would really appreciate help with the WS
Thanks so much

maycowan

Le_Kirk said:

I often post this to help posters understand the difference between defence and witness statement: -

Your defence that you have already filed would/should have been written in the third person (the defendant did this/that rather then I did this/that) and is a series of technical/legal arguments refuting what the claimant put in the POC.

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative (story) of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

For witness statements, the statement of truth’s wording will be as follows: -

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.

One of our regulars @Coupon-mad regularly posts examples of good recent witness
statements, click on her user name, go to her profile and look for posts she has made.
The most recent ones are: -@wobs2k, @aphex007, @Daiapolon2021 and @anged

I understand what you're saying but if I wasn't the driver what can I say. It wasn't me just won't be enough. I can't dispute signage if I wasn't there  can I still be held responsible. 
Thanks 

Le_Kirk

You say you weren't the driver; it is for the claimant to prove that you were.  You put together an honest witness statement from the point of receiving the first PCN.  You might have been taken to the location of the alleged event by someone else so you could view the signs (to see how abysmal they are) and the location that might remind you that you drove there.  In the event all it did was reinforce your opinion that you were not driving on that day.  If you have any evidence of when you gave up driving, that would help.  Was your car insured for other drivers?  You do not have to say who they were!  I, along with hundreds of others in the country, could have been driving your car using my own insurance that enables me to "drive any car not owned or hired to me".

maycowan

Le_Kirk said:

You say you weren't the driver; it is for the claimant to prove that you were.  You put together an honest witness statement from the point of receiving the first PCN.  You might have been taken to the location of the alleged event by someone else so you could view the signs (to see how abysmal they are) and the location that might remind you that you drove there.  In the event all it did was reinforce your opinion that you were not driving on that day.  If you have any evidence of when you gave up driving, that would help.  Was your car insured for other drivers?  You do not have to say who they were!  I, along with hundreds of others in the country, could have been driving your car using my own insurance that enables me to "drive any car not owned or hired to me".

Thank you so much. That makes it a lot clearer. All my family who drive were able to drive another car and they did drive mine. The location was my doctors surgery and I was often driven there. Thank you 😊 

Trainerman

Still trying to come up with ideas. Does anybody know whether a 2017 PCN from UKPC is likely to have been PoFA compliant, and surely there is still time for the OP to do an SAR which will fill in some of the blanks?

Le_Kirk

If the OP has the original PCN, it could be checked that way.  The OP was advised (twice) to submit SAR but it is not clear if this was done.  Danger of doing it again is the that the PPC will legitimately be able to charge for it.

Trainerman

Thanks @Le_Kirk. So, @maycowan , we need to know whether you ever sent a Subject Access Request to UKPC (NOT Dcb Legal)

Thanks, 

maycowan

Trainerman said:

Thanks @Le_Kirk. So, @maycowan , we need to know whether you ever sent a Subject Access Request to UKPC (NOT Dcb Legal)

Thanks, 

I'm sure I sent it to both. On the court claim it states "The Driver agreed to pay the penalty in 28 days and did not"
How can this be true when they didn't know who the driver was.
I was sent a photo of the PCN so I'll check.
Thanks