PCN Claim from 2020

Coupon-mad

Just use Google Streetview and change the date of the image, to grab the signs as evidence.  Just write it as keeper in your own words, about what you know (and, if it's unknown, what you don't know).

You aren't paying any court fees.  The Claimant pays the fees.

Mrscompliant

I am Mr xxxxxx of xxxxxxxxxxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

From one of the WS (above), it says  'I am Mr xxxxxx of xxxxxxxxxxx,' What does the 'of xxxxxxx' Reference mean?

___________

Also please help me understand this, but shouldn't i be receiving a copy of WS before writing my own? 

___________

Following from some of the WS examples, some of the authors are starting off by saying they drove and parked at specific location etc

In my case how do i start off my WS, as i do not recall who or what was driving my vehicle from over 3 years ago? I currently have a blank mind, I don't know where to start and write the beginning of my WS. Are there any other WS examples like my case that i could look through

Thanks 

KeithP

Mrscompliant said:

I am Mr xxxxxx of xxxxxxxxxxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

From one of the WS (above), it says  'I am Mr xxxxxx of xxxxxxxxxxx,' What does the 'of xxxxxxx' Reference mean?

The name and address of the person writing and signing the Witness Statement.

Coupon-mad

In my case how do i start off my WS, as i do not recall who or what was driving my vehicle from over 3 years ago? 

You state exactly that.  Put the Claimant to strict proof who was driving on all 4 occasions and attach as an exhibit, your car's 'insured drivers' policy page from that year, if there was more than one person named as insured.  Say that it was unlikely to be you because (...something!) and that Highview never use the POFA, so they cannot lawfully transfer liability to the registered keeper.

To find one like this from 2022, already written, search for Highview witness statement POFA keeper unremarkable day years ago

(or a shorter combo of those words till you get good recent results). 

Mrscompliant

Alright. Thanks again

Mrscompliant

In the County Court at Location

Claim Number: xxxx

Between

claimant name

(Claimant)

V

defendant name

(Defendant)

Witness Statement of Defendant

For Court Hearing on dd/mm/yyyy

1. I, NAME of ADDRESS, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 
2. In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:
3. I am not liable to the Claimant for the sum claimed, or any highly inflated amount, at all and this is my Witness Statement in support of my defence as already filed

Background

1. As stated in my defence, the dates in question is unremarkable and I am unable to recall who was driving on those days over 3 years ago given that the vehicle was insured with more than one named driver.
   
2. I was the registered keeper of the vehicle in question in this case, however, I do not believe that I was the driver in these instances. I do not know the identity of the driver and charge liability cannot be transferred from the driver to the registered keeper on a non-compliant PoFA PCN.
3. I may recall receiving some letters in the post from the claimant and I ignored them as I believed them to be scam letters due to the sudden excessive amounts being claimed. This was followed by ‘letters of demand’ from Debt Recovery Plus (DRP); the narrative being immensely threatening and court action being touted rather freely. I felt vindicated in the decision to ignore such letters when I received no further letters or contact of any kind from the claimant or DRP on this matter.

Non Compliance with PoFA

This is my first draft of witness statement. Is there anything i could fix, improve or add.

Coupon-mad

That's a decent start.  Just the start though. Are you copying from a WS which then goes on to explain the fact Highview do not use the POFA?

Mrscompliant

Coupon-mad said:

That's a decent start.  Just the start though. Are you copying from a WS which then goes on to explain thd fact Highview do not use the POFA?

I am copying from multiple WS and choosing which one suits mine. I will write that they dont use pofa and post another draft.

__________

1. Also i have to mention that i received my CPR31.14 request from their legal team. They sent me the parking notices, the signage all across the car park, anpr camera locations and a top down view of all the signage in the car park.

How can i use this for my witness statement?


2. The court ordered me to send WS to all parties including the court within 14 days of court date, does this mean 14 business days or normal days.

KeithP

Mrscompliant said:

Coupon-mad said:

That's a decent start.  Just the start though. Are you copying from a WS which then goes on to explain thd fact Highview do not use the POFA?

2. The court ordered me to send WS to all parties including the court within 14 days of court date, does this mean 14 business days or normal days.

It means what it says - 14 days.

Mrscompliant

Ok thanks, just making sure