Parking Charge Notice - Defence Submission

allshallbewell

Have sent in (26.06.23) a Defence for the parking charge claim against me the driver by Total Car Parks Ltd followed by the Directions Questionaire N180 (27.9.23),
I await notification of a hearing date with the opportunity to provide evidence through a Witness Statement as outlined in the Newbies link 'What you must do and by when". The Defendant's main arguments (1) are poor signage with the effect that the Defendant did not knowingly enter into a contract and (2) inflation of the parking charge under the guise of a 'debt collection charge' which is an abuse of process.
Could one of the experts kindly let me have a link to a well formatted Witness Statement so that I can get a good idea of how to structure mine with the inclusion of images? I have looked at https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685.

Coupon-mad

No need because the NEWBIES thread already does.

Le_Kirk

allshallbewell said:

Could one of the experts kindly let me have a link to a well formatted Witness Statement so that I can get a good idea of how to structure mine with the inclusion of images? I have looked at https://forums.moneysavingexpert.com/discussion/comment/77614685/#Comment_77614685.

That WS is not used any more due to it being three years old but, as @Coupon-mad writes, there are four exemplars in the NEWBIE sticky second post.  Also any exemplars to which you are pointed can only ever be examples of format and style.  YOUR witness statement backs up and supports YOUR defence.  You can use evidence from other WSs but only if they relate to the same parking area as yours.

allshallbewell

Thank you both. It is mainly the general layout I was after and any tips about the insertion of images.

Coupon-mad

The exemplars show you that, I'd say.

allshallbewell

If the Witness Statement is to be a document recording my true recollections as a lay person of the sequence of events that led to the issue of the parking charge and the chain of events that followed, am I also expected to incorporate into the WS references to relevant case law and legal points that have already been laid out in my Defence - which would seem repetitive -  or can the WS be confined to the above plus relevant photographic evidence of signage and the sequence of correspondence between the Defendant and the Claimant that followed the issuance of the PCN? Also, if case law is to be referred to in the WS is there a convention for presenting it as evidence? Thank you.

KeithP

Have you read that part of the second post of the NEWBIES thread following the bold words...
   LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!?

There is lots of guidance there about how to create a winning Witness Statement together with several examples.

allshallbewell

I've read the excellent WSs with evidential images but am still a bit confused about why other elements of the Defence need to be restated in a WS as I don't want annoy a judge by seeming too long winded and repetitive. I will be very grateful for any general guidance on this one point.

Le_Kirk

You don't restate your defence in a witness statement, you back up what you said with evidence, for example (without going back and reading your defence) if your defence was against the claimant asserting you overstayed the time limit for the car park, you prove you didn't by providing evidence such as your Google maps timeline or phone GPS data to show you were somewhere else at the time they claim you left the car park.

Coupon-mad

allshallbewell said:

I've read the excellent WSs with evidential images but am still a bit confused about why other elements of the Defence need to be restated in a WS as I don't want annoy a judge by seeming too long winded and repetitive. I will be very grateful for any general guidance on this one point.

If you already have whole chunks of those WS in your defence then no need to repeat those specific paragraphs.