IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CST Law case - Judgement made

Options
11920212325

Comments

  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    I respectfully submit that the claimant's witness statement should not be accepted by the Court, as it fails to comply with CPR Part 32 and Practice Direction 32. The statement has been signed by a legal representative who does not have firsthand knowledge of the facts and events described within the statement.  This is highlighted by the embarrassing fact that they have simply copied and pasted their witness statement from a different case by a different claimant where they have referenced their client as being MET Parking Services Limited, a company completely unrelated to the Claimant in this case.

    According to CPR 32.4, a witness statement is intended to contain evidence that the witness would be permitted to give orally, which typically necessitates personal knowledge of the matters in question. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that a witness statement should only include evidence that the witness could provide from their own experience or direct observation.  
    Since the accuracy and applicability of the Claimants entire WS is in disrepute and the document is meaningless as it lacks the requisite reliability and credibility, it should be disregarded by the Court and dismissed accordingly.
                   
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That is what you can say about the WS but of course there's more in your case: the client is the wrong parking firm so the entire WS is in disrepute.  Nothing in the Claimant's WS says that the signatory of the supposed WS was instructed by Anchor.

    Chan and Akande can both be submitted attached to a skeleton argument later this week if you want (no deadline for a skelly).
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LDast said:
    I respectfully submit that the claimant's witness statement should not be accepted by the Court, as it fails to comply with CPR Part 32 and Practice Direction 32. The statement has been signed by a legal representative who does not have firsthand knowledge of the facts and events described within the statement.  This is highlighted by the embarrassing fact that they have simply copied and pasted their witness statement from a different case by a different claimant where they have referenced their client as being MET Parking Services Limited, a company completely unrelated to the Claimant in this case.

    According to CPR 32.4, a witness statement is intended to contain evidence that the witness would be permitted to give orally, which typically necessitates personal knowledge of the matters in question. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that a witness statement should only include evidence that the witness could provide from their own experience or direct observation.  
    Since the accuracy and applicability of the Claimants entire WS is in disrepute and the document is meaningless as it lacks the requisite reliability and credibility, it should be disregarded by the Court and dismissed accordingly.
                   

    thank you - is that something I say when I get to court? Also the actual witness statement itself is correct, it is just the body of the email they sent me, where they have stated the wrong client

    Dear Mr XXX,

     Claim Number: XXX

    MET Parking Services Limited v Mr XXX

    Our Ref: CST/XXXX/XXXX

     

    I write in relation to the above matter on behalf of our Client, MET Parking Services Limited.

     

    Please find attached the Claimant’s Witness Statement and Exhibits dated 29 August 2024.

     

    We wish to make you aware that in accordance with CPR 27.9 the Claimant’s Witness will not attend the hearing however, there will be an Advocate present on the Claimant’s behalf.

     

    Please note that the same has been filed with the Court.

     


  • That is what you can say about the WS but of course there's more in your case: the client is the wrong parking firm so the entire WS is in disrepute.  Nothing in the Claimant's WS says that the signatory of the supposed WS was instructed by Anchor.

    Chan and Akande can both be submitted attached to a skeleton argument later this week if you want (no deadline for a skelly).

    Ah - the actual WS they attached does clearly state Anchor though.
  • it is only their email to me, with the WS attached, where they mention the wrong client name
  • the subject line, everything in the email relating to the case, bar my name and the claim number is incorrect haha


  • lurpdog101
    lurpdog101 Posts: 135 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 5 September 2024 at 8:55AM
    Regarding the fact it is only the email that they sent me, and not the WS itself, that mentioned the incorrect client - is there anything I can say to the court about that? Surely I could still call it into disrepute and as more proof of the confusion it causes me, if they cannot get it right, albeit in an email? I will cite the Chan and Akande case study also, in the fact that their POC just named a lump sum and did not specify exactly what for. Also in the witness statement - where they list the PCNs - they only mention the dates and not the length of time (these are, however, in the exhibits). 6 of the 8 PCNs were between 11 and 14 minutes. So I have stated in my WS that considering the disability, and the BPA CoP states extra time should be taken into account for disabled, above the 10 minute grace period, that these should be dismissed. Besides the fact, I only ever received 3 PCNs and they all landed on my doorstep on the same day, so the driver would not have had time to correct their mistake in time before receiving another fine. (that was dismissed in the appeal)

    of the ones they have put in:
    3 x issued on 24th August 2021 (for 3 different dates) - the 3 I received same day and immediately appealed.
    2 x issued 13th August 2021 (for 2 different dates) - never received originals
    1 x issued 9th August - never received originals
    1 x issued 5th august - never received originals
    1 x issued 6th August - never received originals



  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes you can plan to raise these issued at the hearing but be guided by the Judge.  They'll make it obvious which points they like, or not.
    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:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I have just received the Claimant's Bundle. Is this something I also need to send out? I did not see anything about that on the court form, or here...is it just something they do? My Witness Statement was submitted etc on time.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have just received the Claimant's Bundle. Is this something I also need to send out? I did not see anything about that on the court form, or here...is it just something they do? My Witness Statement was submitted etc on time.
    Your Witness Statement and evidence are 'your bundle'.

    Apart from that, what else is in the Claimant's bundle?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.