Claim Form - Country Court Business Centre

cam40983

KeithP said:

Why does the first sentence of the Statement of Truth in your Witness Statement say "I believe that the facts stated in this defence are true "?

lol thank you, everything else ok??

Le_Kirk

That reads more like a defence than a witness statement (WS); it even starts with the first paragraph from the template defence!  WSs are written in the first person (unlike defences which are written in the third person) and should be your story (narrative) about what happened on the day and subsequently.  This looks like you have just resubmitted your defence.  A WS should support and back up what you stated in your defence.

1505grandad

Coupon-mad usually posts:-

"Read the (non-Airport) WS by @jrhys (shows what a complete bundle and headings/exhibits looks like) and @ricky_balboa (a very recent one that includes the fact the Government banned pseudo debt recovery false exaggerated 'fees' in February)."

And it will not be here:-

"IN THE COUNTY COURT BUSINESS CENTRE"

cam40983

Thank you guys for all your comments, can someone please guide me a case reference that i should mentioned e.g Beavis?

Below I have made my statement:

IN THE COUNTY COURT BUSINESS CENTRE
Claim No.: *********

Between

UK CAR PARK MANAGEMENT LIMITED
(Claimant)

-and-


*********
____________________

WITNESS STATEMENT

____________________

1.      I the Defendant ********* denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

2.       I reside at *********, Woking, Surrey, *********, at the time of the alleged infringement I am the registered keeper of the vehicle registration marked ********* which is the subject of these proceedings.

3.  I am a taxi driver working for *********, Woking.

4. On the 11th August 2020 I was given a booking by the office around 12.30pm to pick up a passenger by the name ********* from *********, Woking, Surrey, GU21 5AP and take her to Vista Centre, Hounslow, TW4 6JQ.  (Ref1 Attached, Company letter confirming the job)

5. The passenger I had picked up called ********* works for a company called Jeremys Care Buddies Limited which is based inside the Vista Centre, Hounslow, TW4 6JQ.

I took the passenger ********* to her work place who are tenants at Vista Centre and dropped her inside the Parking area which I was told by the passenger belonged to the company she worked for.

After I had dropped her I was advised by the passenger that please park your car here and open the boot and back doors so she can go and bring her belonging to load in the car.

6- The passenger went to her office while I waited inside the car, and she after a little while she started to load her car with the equipment she required. After about 45-55minutes of loading and carrying out all her paper work with her office, the passenger sat back in the car and we drive off.

I being a taxi driver, was doing his duty of taking the customer to her office based inside the Vista Centre Hounslow, and waited in his car to take her back. I did not leave my car parked as it was left open for loading, the car remained started and I waited inside as instructed by the tenant’s office inside Vista Centre.

7- I did enquire about the parking from the passenger and was advised, we have a office here and as long as you are with me and at our parking bay you have no issues and the office knows about this. Hence being a driver I was not parked, but my car was open for loading only and I was stationed waiting for the car to be loaded with the passenger equipment.

I wrote UK Car Park Management Limited explaining the situation but his appeal was rejected and was advised to appeal to another forum which I did not do as I had explained what he could and did not get a result.

8- I appeal against the ticket on 13th August 2020 and had a reply back from CPM on 25th August 2020 rejecting my appeal. I did call UK Car Park Management regarding the appeal being unsuccessful but was advised that I go to Alternative Dispute Resolution which will most likely fail and I will end up paying the full price and the discount price will not be applicable.

I did not appeal within the time slotted, due to a death of my Grandparents due to Covid19. I went through a very tough time losing my grandparents and totally forgot about this parking appeal.

9 – I did not receive any further letters from UK Car Park Management or any further warning but on the 13th Dec 2021 received the Claim form, without any before court claim letter. I had no choice but to defend this and having financial difficulties due to Covid19 the only way I could protect myself was fighting this ticket all the way.

10 – I am only a taxi driver, and was given job to take a passenger and bring her back after she collects her belonging, I stayed stationed inside a bay which I was told by the passenger belonged to their company and I did not park my vehicle to have my personal time but stayed waited inside the vehicle while it was loading.

 

11- In the letter sent by UK Car Park Management dated 25/08/2021, they stated “When entering the car park, signage clearly states

 

 “PARKING FOR TENANTS AND VISITORS ONLY. USERS MUST PAY FOR PARKING OR HAVE A VALID E-PEMIT”.  Letter is attached as REF 2.

 

Going by the statement above, Jeremys Care buddies is a tenant of Vista Centre, and I was hired by the tenant’s employee to drive her. I did not breach any conditions here and he was working for the Tenants of Vista Centre as a driver. Also the letter sent by UK Park Management has the wrong car registration in the letter as KY64ONA and not *********.

 

When entering the car park, I saw a sign in Big writing stating the below:

 

Ø  Parking for Tenants and Visitors only

Ø  User Must pay for parking or have a valid permit

The above was clearly visible, and because I was hired by a tenant who are Jeremies Care Buddies and they have their own parking place I am confused to why I would need to buy any parking ticket, when I was hired by the tenants of the parking area and was advised by the tenant that park in this specific place and wait for the car to be loaded.

 

 

12- I kindly request the judge to please set aside this penalty charge, as it is very unfair on me to be given such charge when I was only there for a tenants of Vista Centre and had no personal interest to be in the car park. Also I was there for less than an hour, and a parking charge of nearly £272.08 is very unfair. Similar cases have also been looked at before and been unsuccessful as mentioned in the Defence statement (Ref 3). I humbly request that this case is looked into with kindness.

 

Statement of Truth

I believe that the facts stated in this witness statements 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

KeithP

Please read again this part of @1505grandad's most recent post...

1505grandad said:

...it will not be here:-

"IN THE COUNTY COURT BUSINESS CENTRE"

cam40983

KeithP said:

Please read again this part of @1505grandad's most recent post...

1505grandad said:

...it will not be here:-

"IN THE COUNTY COURT BUSINESS CENTRE"

sorry but i dont understand what you want me to read? is there a link?

Le_Kirk

It is not a penalty charge is it?  You state this in your closing paragraph #12.  All paragraphs require a number to help the judge focus on the correct area of your WS.  Surely it is in the county court that you have selected and to where you have/are submitting your application.

6- The passenger went to her office while I waited inside beside the car, and, she after a little while she started to load her car with the equipment she required. After about 45-55minutes of loading was complete and carrying out all her paper work with her office, the passenger sat got back in the car and we drive off.

Maybe change as above.  Your paragraph #10 seems to be repeated information.  If you are going to keep it, I would alter it as below.

10 – I am only a taxi driver and was given a job to take a passenger and bring her back after she collects her belongings, I stayed stationed The vehicle remained inside a bay, which, I was told by the passenger, belonged to their company and I did not park my vehicle to have my personal time but stayed waited inside with the vehicle while it was being loading loaded.

Not sure that the sentence about personal time is required.

Coupon-mad

That draft has nothing from the WS that I advised you to use, by @jrhys or @ricky_balboa

KeithP

cam40983 said:

KeithP said:

Please read again this part of @1505grandad's most recent post...

1505grandad said:

...it will not be here:-

"IN THE COUNTY COURT BUSINESS CENTRE"

sorry but i dont understand what you want me to read? is there a link?

Have you read any other Witness Statements?
Did you see any other Witness Statements that state "IN THE COUNTY COURT BUSINESS CENTRE"?

Your hearing will not take place in the County Court Business Centre.

You have a Notice of Allocation from your hearing court.

That Notice of Allocation will tell you where you hearing will take place. We don't know where the hearing is due to take place but you do.

Coupon-mad

It's at your chosen court near you.  For examples of what a WS and evidence bundle looks like, see threads by @jrhys and @ricky_balboa