Parking company have sent me their witness statement?

Grizebeck

Yes normal for SIP

Coupon-mad

Trenchcoat765 said:

Coupon-mad said:

Grizebeck said:

Just do it and get it submitted by email tommorrow

Obviously this!

Don't ask for permission and don't apologise.

Just DO IT THIS WEEKEND.

The NEWBIES thread gives an example to copy and adapt, including some exhibits to attach.

Telephone hearings are normal.  You also have to email the court your phone number (separately) as per the Order.

Thank you, I have submitted my witness statement using the template and I will keep you all updated. It looks likely it will have its day in court, hopefully the judge rules it fairly.

1505grandad said:

Who is the claimant and solicitors  -  if any?

The Claimant is SIP Parking LTD, and from what I can tell they are not using a solicitor, but their own employees

Did they state on the particulars of claim (left of the claim form) that they added £60 or £70 on top of the £100 PCN or not?

Trenchcoat765

So they are claiming for 2 PCNs and on each of them they are claiming £60 on top of the £100 per PCN for "Damages"

Coupon-mad

And you used a template WS - which is good, as that also attacks those fake added 'damages'.  Which template did you base your WS on and what did you put?

Trenchcoat765

I used the one on the newbies thread by @baz417, and that was the majority of the statement apart from his case specifics such as parking ticket etc, and then i added this section as my version of event.

Facts and Sequence of events

3. It is alleged that on the 8th of November 2021 and separately on the 1st of February 2022, my vehicle had entered the relevant lands [Location}. It is alleged that I had transgressed upon the terms of the ‘contract’ of parking on the lands and 2 PCNs were issued against me citing the reason of ‘vehicle not permitted and grace period exceeded’.

4. The Claimant states that the Defendant incurred two parking charges. One at [Location] on 08/11/2021 and another at [Location] . The Claimant states that both charges were on the basis of ‘Vehicle not permitted and grace period exceeded’. The Claimant states these charges were incurred as a breach of contract. The Defendant cannot recall the exact situation that led to these charges as they date back to almost 2 years ago. The Defendant had parked in these two locations as a visitor of residents in the building without issue on numerous occasions, therefore making it difficult to understand the exact situations which led to these alleged parking charges. From the particulars of the claim provided on the claim form, it is unclear the exact situation from which this Claim is brought. The Claimant seeks £100 per parking charge as well as an additional £60 per charge and a £50 court fee reaching a total of £370.

5. Upon receiving the small claim around March of 2023, I responded with my defence as I deny that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

That last paragraph I now realise is a mistake as they have sent evidence that SIP Car Parks LTD are the landlords and they given SIP Parking LTD permission to manage it.
After this I added this as my observation of their witness statement, similar to the template.

25. I have observed that Claimant mentioned that as per PCN no. 149222515, my vehicle had been in the car park of [Location] on 01/02/2022 for 9 hours and 40 minutes but state it was on the relevant lands between 15:57:44 and 18:37:27 which amounts to around 2 hours and 40 minutes.

 

26. The Claimant stated that (See paragraph 32) 'Enforcement action may occur additional costs'. But the Claimant merely shows in evidence. a pre-action 'unpaid PCN' template reminder letter at £100 and no evidence of 'occurring' (incurring) additional costs at all. There are half the pre-court letters in evidence here, than were seen in the Beavis case where no attempt was made to enhance the claim. The Claimant also Mentioned about a LBC (Letter Before Claim) and  warned of 'potential' additional costs if the case goes to court. Yes, it's normal to warn about actual court costs in a LBC, but the capped £50 legal fees on the claim form already cover that minor template LBC letter cost that is always sent in contemplation of litigation.

I then repeated my defence, and everything else is from the template.

Court Hearing is set for next week, I'm a little daunted by it but trying to prepare best i can