Court Witness Statement BW legal for PPS Parking ticket expired

Jenni_D

k993257 said:

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

Wow! Talk about pushing the 6 year limitation to the limit, given the PCN was dated 14/02/2016!

Your WS needs to expand on your defence, to talk about the legal rulings etc. (with evidence/exhibits) that relate.

1) If that exact wording was in your defence then it's a non-point.

2) Refer to the Code of Practice that applied in 2016 for the trade association that the parking company was a member of at the time, in respect of grace periods. (Who exactly are PPS? Exact company name?) Refer also to the new government Code of Practice in support of the Parking Bill 2019, where it refers to grace periods. (Of course the new CoP isn't yet in force, but it shows what the lawmakers think is important, so may be persuasive to a judge).

3) You state that you cannot recall who was driving the vehicle on an unremarkable days 6 years ago, but there were others who were authorised to drive the vehicle at that time. As such the Claimant must provide proof that the named Defendant was the driver. If they can't then they are pursuing the wrong defendant, as their parking charge notice did not comply with the strict requirements of Schedule 4 of the Protection of Freedoms Act. (Look it up, and compare the PCN with those strict requirements, then provide the evidence to show where the PCN was defective).

So, as you can see, all is not lost - as long as you put some effort in.

k993257

You are an absolute star, thank you!

Yes they really only just made the date, that is what I thought.

I genuinely don't know who was driving, or who bought the ticket, but I was there.

I am not expecting miricles now, or people to spend hours helping, but just a starting point is a help and I really appreciate what you have posted, thank you!

Castle

Jenni_D said:

k993257 said:

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

Wow! Talk about pushing the 6 year limitation to the limit, given the PCN was dated 14/02/2016!

That's only 5 years.

D_P_Dance

6 yeas surely

Jenni_D

Castle said:

Jenni_D said:

k993257 said:

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

Wow! Talk about pushing the 6 year limitation to the limit, given the PCN was dated 14/02/2016!

That's only 5 years.

It is 2022 now you know? And 22 - 16 = ?

I know we've had almost 2 years of lockdown, but ...... 🤣🤣

Castle

Jenni_D said:

Castle said:

Jenni_D said:

k993257 said:

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

Wow! Talk about pushing the 6 year limitation to the limit, given the PCN was dated 14/02/2016!

That's only 5 years.

It is 2022 now you know? And 22 - 16 = ?

I know we've had almost 2 years of lockdown, but ...... 🤣🤣

See the OP's reply at 8.44pm yesterday (23 February). 

Jenni_D

Ah ... I assumed they were typos .. but then being at WS stage for a claim filed in Feb 2022 wouldn't make sense. My bad. 🤭

I guess it was the February issue/AOS dates that confused me ... the requirement for the WS being a whole year later is a long time for the OP to have this hanging around.

k993257

It was 5 years when they raised the claim I guess, 6 years later I am now writing my WS.

Jenni_D

I'll ask the obvious question ... you are a resident of England or Wales, yes? Two reasons for asking:

1. The limitations act equivalent in Scotland is 5 years (rather than 6) otherwise the alleged debt becomes null and avoid (rather than statute-barred)

2. A resident of Scotland would have to be pursued using the Simple Procedure under the Act of Sederunt, rather than the county court claims process of E+W

k993257

Yes England, thanks