DCBL County Court claim on behalf of Highview Parking PCN 2016

Coupon-mad

Wait, you planned to pay the parking scum's court fee for them?  Not sure why you'd think that an innocent, victimised Defendant has to pay for justice but at least we stopped you.

Of course that isn't your fee to pay.  You are not the first to make that mistake but remember you are not the Claimant.

Do as @Le_Kirk suggests and show us your draft.

hostess2

Hello again, I am in the process of completing my WS and wondered if the points I raised on my defence should be included and expanded upon in the WS or does the WS work in addition to the defence? thank you.

hostess2

Hi, I'm hoping to show my WS here but am not sure how to attach documents within this message in order to do it, any help would really be appreciated as I'm not fantastic with computers.

Cheers

 

 

 

Umkomaas

hostess2 said:

Hi, I'm hoping to show my WS here but am not sure how to attach documents within this message in order to do it, any help would really be appreciated as I'm not fantastic with computers.

Cheers

Just copy and paste it, same as you did with your draft defence in your opening post. If it's particularly long - there's a character limit for each post, simply split it up over a few posts. 

Alternatively, host it on Dropbox (or similar) and put the link in here. 

Le_Kirk

hostess2 said:

Hello again, I am in the process of completing my WS and wondered if the points I raised on my defence should be included and expanded upon in the WS or does the WS work in addition to the defence? thank you.

Your witness statement is "in support of and backs up, with evidence, everything you wrote in your defence", there is no need to include it but if, for example, you said "the defendant purchased a ticket and put it on the dasboard" then your WS would provide a copy of that ticket.

hostess2

Hi sorry to be such a pain but could you please tell me if you are able to view this copy of my redacted WS from drop box?


https://www.dropbox.com/s/fxf7ptcy9d43qnm/working document - redacted.pdf?dl=0


Thank you so much in advance

Coupon-mad

Yes we can see it but it does need work.

Britannia v Crosby is never used now.  Throw away that example WS and instead use the 2022 exemplar WS bundle by @aphex007 or copy & adapt the similar recent good one by @SJRRJS.

Your WS also misses pushing home the winning point!

The NTKs Highview send out are non-POFA.  Incapable of keeper liability and in fact, Highview have never opted to use that law.  They can only hold a known driver liable and in your case, on the balance of probability, it was not you. Their NTKs (even if posted in time to reach the recipient before day 14, which is rare) do not include the mandatory wording for keeper liability, stated in paragraph 9 of Schedule 4 of the POFA 2012, and most easily identified by the omission of the keeper warning in para 9(2)f.

State the above and append:

Excel v Wilkinson
Excel v Smith (appeal)
Excel v Lamoureux

Search the forum for Lamoureux and you'll find a WS including the POFA point, already written for you to grab.  Plus the 3 transcripts you need.

1505grandad

Para 9  -  the claimant are not IPC AoS members  -  you should be using/quoting the relevant BPA CoP

hostess2

As I'm sure you have heard many times before, thank you so much for all your efforts with what I'm sure you know is an extremely stressful and distressing process, however your help is immeasurable guiding me through the process. I have found the points you have mentioned and re done my ws on this basis and will continue putting my exhibits together if you would be so kind as to look over the body of the statement now to see if I am on a better track? The court fee from the claimant is due on the 16th of February, this Thursday I believe, and the ws received by both parties by 02 March. 

https://www.sejda.com/share/e3c9cad1c0af4fe8ad478cd1658ecf55-1sricF78M_GSJxh63Wy0nDY4X4uorkoxexJ3GdEq7P8KgubXfE_yK85v9TgNKDzN

Coupon-mad

Glad my suggestions helped. Can you possibly share that linked file via Dropbox instead please, as we won't download unknown links but Dropbox works (it's free) without needing a download.