PCN - Spring Parking - DCB Legal - County Court Business Centre from 2018

Everyman137

Thanks CM

I will write up a draft today & post a copy

Everyman137

Ok, here is my 1st attempt at the Witness Statement.

Hopefully I have followed the template accurately, but also amended in the appropriate places to make it relevant to my case.

Thanks

https://www.dropbox.com/s/35oaxg709wizjai/Witness%20Statement%20-%20Spring%20Parking%20Claim%20number%20xxxx.pdf?dl=0

1505grandad

"3.The defendan visited Bridge Shopping Centre at around 10am on the17th of April 2018"

"2.As the signage was not clear,I believe that this is in contravention of the British Parking Association (BPA) Approved OperatorScheme (AoS) Code of Practice Version 6-October 2015 section 18.3 (Exhibit xx-04)."

You should be using/quoting BPA CoP version 7 dated January 2018

WS should be in first person (first few paras)

Everyman137

Thanks 1505grandad

I have amended to first person & updated the BPA Code to the Jan 2018 version

Coupon-mad

Check whether 14-38 (or some of them) are already verbatim stated in your defence, which they will be, if you used the forum's Template Defence. If so, remove all repetition.  You don't have to say things twice.

Change 'The Defendant' to "I" throughout.

And add the metadata into your photos or they are vulnerable to challenge as 'hearsay' and could be from any time.  No using photos without time/date embedded.  Easiest way to capture the date/time the photo was taken is is screenshot your photo (on your phone) and use the screenshot as your exhibit.

Everyman137

Thanks CM I will review points 14-38 & remove any repetition, plus amend defendant to "I"

On the photos...
They were not taken on the day unfortunately.
I only took those once I realised this fine wasn't going away, & I needed to fight the case.

The image of the Spring Parking sign is from an article (from 2017) in the local paper 'council to visit car park to 'look at' signage'.
The sign matches the image on from the Subject Access Request images sent to me by Spring Parking.
Attached.


The signage has now been changed, around 2020 I think, but was still there in 2018 when I parked.

The image of the machine out of order & the other sign which says free parking was from Dec 2022.
There is another article (from 2021) in the local paper where a driver was also issued a PCN & states that the ticket machine was out of order, but they had been issued a ticket.

I assume that I should make this clear in my statement, that these are not from the day, but reflect the situation.
I know that the out of order machine is open to challenge by the claimant, but my defence is that I didn't know I needed to get a ticket, rather than the machine was out of order.

Coupon-mad

I knew they probably weren't taken on the day.  The point is, you must embed the date they were taken.

Everyman137

Ok, I have now updated with dates & details of where the photos are from.  Let me know if this represents my stance fairly.

I have had a go at rewording the statement so no duplication.  I am getting a little lost here though, so appreciate any guidance on this.

https://www.dropbox.com/scl/fi/90xvz5ximesgr36cdoo2g/Witness-Statement-Spring-Parking-Claim-number-v2.docx?dl=0&rlkey=rf2xykzorcddnt2vi4x5cbofb

Thanks again

Coupon-mad

Remove the unnecessary brackets around Spring Parking Ltd in the header.

Much better but plenty of that second half still looks like repetition of the template defence that I think you used?

Everyman137

Thanks CM

Updated once more, removing potential duplication (I think!).
Like I said, I'm getting a little lost on which paragraphs to remove & which to keep in.

thanks for your help

https://www.dropbox.com/scl/fi/7jjrtztgelffqveng4wut/Witness-Statement-Spring-Parking-Claim-number-v3.docx?dl=0&rlkey=f41nn09sx6rdj8r67jm6vfttg