Parking Claim Form - Defence for Review

chris.gavin

Hi,

Here is my draft of a Witness statement (redacted) and I will upload the bundle they sent to me.

This is my draft witness statement - my response to their bundle is not complete.
https://bigbucket7.s3.eu-west-2.amazonaws.com/Defense/Name+-+Witness+Statement+v0.2-redacted.docx

This is their bundle:
https://bigbucket7.s3.eu-west-2.amazonaws.com/Defense/Claim-no+bundle+email++7-7-22+redacted.pdf

To note is that the entrance sign marked on their picture does not exist as can be seen by my picture - see my points 10 and 11

Thank you

Chris G 

Coupon-mad

I think this is going to be 50/50 whether you win.

The signs are there (apart from the mandatory entrance sign).  I think you should make more of that and quote the IPC CoP about mandatory entrance signs that I think says 'you must' have one and why they are required.

chris.gavin

When I use the phrase "My defence is repeated and I will say as follows:" does this mean it remains the same as the defense statement or can I add to it? 

Tia

Le_Kirk

chris.gavin said:

When I use the phrase "My defence is repeated and I will say as follows:" does this mean it remains the same as the defence statement or can I add to it? 

It means that you are writing this witness statement to back up and support your defence as already filed with CCBC and sent to claimant.  You cannot change a defence - well you can but it costs about £275.

chris.gavin

Le_Kirk said:

chris.gavin said:

When I use the phrase "My defence is repeated and I will say as follows:" does this mean it remains the same as the defence statement or can I add to it? 

It means that you are writing this witness statement to back up and support your defence as already filed with CCBC and sent to claimant.  You cannot change a defence - well you can but it costs about £275.

Does this mean I would not be able to represent the following in a clearer way?

On the day in question the defendant was driving down Whitton High Street approaching the Lidl store on his left. He saw the sign which read "Lidl parking at rear." and seeing the next left turning, turned into it. There was no sign to indicate this was a pay and display parking area at the road entrance. It was raining heavily and dark between the two buildings as the defendant drove down the narrow way. As he entered a parking area two women were walking out of the area on the right-hand side of his car. At least one of these had a large umbrella which as he found out later had covered a sign behind them on the wall. This sign is also side on and behind a drain pipe to a drivers line of sight.

He entered the car park saw a mix of free and used spaces, one of which to his right had a large van parked. He chose one of the spaces to the left of the van and parked up. He looked around for any parking signs to indicate this was a pay and display area but saw none. He walked swiftly into the store as it was still raining.

He purchased a small number of items, left the store and returned to his car. The defendant was shocked to see what looked like a parking ticket on the windscreen. He looked around and only then saw a sign on a wall which had been hidden by the lady’s umbrella. He then walked around the car park a bit further and found a vending machine behind the van which was hiding it from his view.

It was an unfortunate set of circumstances that meant the defendant did not see any indication this was a paid parking area.

Such as (Added supporting arguments in bold italics)

1.       I was driving down Whitton High Street approaching the Lidl store on my left. I saw the sign which read "Lidl parking at rear." (Exhibit 01) and seeing the next left turning, turned into it. I was unfamiliar with the Lidl parking location as this is not my local store or area.

2.       The sign which says Lidl car park next left is misleading and contributed to my conclusion this was not a pay and display area. I believe this sign belongs to Lidl but is relevant to this situation.

3.       At the entrance there was no sign to say this was a pay and display parking area at the road entrance (Exhibit 02).

4.       It was raining heavily and dark between the two buildings as I drove down the narrow way. As I entered a parking area two women were walking out of the area on the right-hand side of my car. At least one of these had a large umbrella which as I later found out, had covered a sign behind them on the wall. (Exhibit 03). This sign was edge-on in the direction of travel.

5.       I entered the car park and saw a mix of free and used spaces. One space to my right had a large van in the space. I chose one of the spaces to my left and parked up (Exhibit 05 left-hand side marked on the picture as 5a).

6.       I looked around for any parking signs to indicate this was a pay and display area but saw none. I walked swiftly into the store as it was still raining. I purchased a small number of items, left the store and returned to my car.

7.       I was shocked to see what looked like a parking ticket on the windscreen. I looked around and only then saw a sign on a wall, now face on which had been hidden by the lady’s umbrella. I walked around the car park a bit further and found a vending machine behind the van which had still been hidden from my view. (Exhibit 05).

8.       It was an unfortunate set of circumstances that meant I did not see any indication this was a paid parking area.

Thanks

Le_Kirk

Your witness statement (WS) is a narrative (story) of what happened on the day and subsequently, which backs up and supports your defence.  Your defence is a series of legal/technical arguments written in the third person (the defendant did this/that) whereas the WS is written in the first person therefore, I did this/that.  Your WS seems to back up your defence but you need to add evidence, such as photos showing the signs.  If you cannot get back to that car park again, try Google street view.

chris.gavin

Thank you Le_Kirk, I have a full document including photos which I'm working on at the moment and will post when ready to review and send... I am finding this a difficult and very time-consuming process but will press on