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Witness statement re parking ticket for small claim court

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Comments

  • bargepole said:
    Convert all the files into PDF format, then you can combine them into a single document using a free online tool, such as Merge PDF - Combine PDF files online for free (smallpdf.com)
    This is so cool @bargepole ! Thank you! 
    (I had to show off my newly acquired skill of quoting messages)

    Is there any other way I could improve my WS? 
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This is so cool @bargepole ! Thank you! 
    (I had to show off my newly acquired skill of quoting messages)

    Is there any other way I could improve my WS? 
    Para 1 should read as follows:

    1. I, [NAME], of [ADDRESS + POSTCODE] am the Defendant in this matter, and will say as follows.

    Para. 17 needs changing:

    17. I deny 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’ within 28 days. I strongly deny being indebted to One Parking Solution. I admit that, by parking, I agreed to enter into a contract to pay the parking tariff as advertised. As detailed above, I made every reasonable effort to pay, and the fault of the payment terminal is a matter for the Claimant. Consequently, I deny that any of the Claimant's terms and conditions were breached, and I deny that any liability arises on my part. 

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Para 1 should read as follows:

    1. I, [NAME], of [ADDRESS + POSTCODE] am the Defendant in this matter, and will say as follows.

    Para. 17 needs changing:

    17. I deny 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’ within 28 days. I strongly deny being indebted to One Parking Solution. I admit that, by parking, I agreed to enter into a contract to pay the parking tariff as advertised. As detailed above, I made every reasonable effort to pay, and the fault of the payment terminal is a matter for the Claimant. Consequently, I deny that any of the Claimant's terms and conditions were breached, and I deny that any liability arises on my part. 
    Thanks a lot @bargepole! I will add and send. 

  • 1505grandad
    1505grandad Posts: 4,067 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A heads-up  -  paras 13 and 14  -  check correct name of solicitors.
  • I have now sent the statement. Will let you know what happens. I don't have much hope but had no choice anyway but give it a go : since I had not received the papers from the court (hence did not file the necessary form, hence the court filed against me but I only found out months afterwards), I didn't pay up as per court judgement, hence the judgement was affecting my credit score for 6 years. So even if I lose, at least the clocks go back and I'll be able to pay up without this whole thing affecting my credit score for the next 6 years....
    So thanks to everyone who gave me some advice!
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From what you have told us, imo it is most unllkely that you would lose in court.  Have you complained to your MP?
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,900 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have now sent the statement. Will let you know what happens. I don't have much hope but had no choice anyway but give it a go : since I had not received the papers from the court (hence did not file the necessary form, hence the court filed against me but I only found out months afterwards), I didn't pay up as per court judgement, hence the judgement was affecting my credit score for 6 years. So even if I lose, at least the clocks go back and I'll be able to pay up without this whole thing affecting my credit score for the next 6 years....
    So thanks to everyone who gave me some advice!
    And even if you did lose, the false added £70 damages/costs are wiped out, as long as the Judge gets it that they are unincurred, false and now deemed extortion.

    Make sure you tell the Judge about the Govt banning them and describing the add-on 'fees' as 'designed to extort money from motorists' (Neil O'Brien's Ministerial Foreword to the new Code).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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