Witness Statement

sj499

Hi all,

Thanks for your help so far. I submitted my defences for 2 separate CCBC claims for 2 separate private PCN's by Euro Parking Services Ltd being defended by Gladstones Solicitors last year and have now been given a court date and time (same for both claims) for the start of next month.

I never received the PCNs until now in the claimant's witness statement pack.

I believe it's time to do my witness statement, but I'm not sure where and how to start. I would appreciate any advice and guidance.

I understand that the WS is supposed to be my story of the events on the day of PCN - but I actually wasn't driving at the time so I've got no story to tell? Not sure what to do

Many thanks,

SJ

Coupon-mad

Read the 5 examples and then add your own facts. 

Show us the 2 original PCNs including the back page.

sj499

Coupon-mad said:

Read the 5 examples and then add your own facts. 

Show us the 2 original PCNs including the back page.

Hi @Coupon-mad thank you for your reply.

Here's the original 1st PCN. Please bare in mind that I did not receive the letters for both PCN's. I have redacted it as I'm aware the PPCs monitor this forum but let me know if you need any more info...  

Also with regards to the addressing of the letter to me - both PCNs were in the following format:

The Company Secretary
FirstName LastName xxxxxx (the x's refer to a random 6 digit number)
First line of address
City
Postcode

Not sure if that means anything but I am a bit confused by that one? I'm an individual and nothing to do with a limited company... (It is a Motability lease vehicle)

Also regarding this one - the period of parking was approximately 8 and a half minutes. 

I am a blue badge holder. In the images of the vehicle the provided by them (taken by CCTV) it is impossible to tell what colour my car seats are - however they are a bright colour. As such would it be possible for them to tell if a blue badge was displayed in my windscreen?

Also with regards to the first PCN - the issue date is 17/08/22 and the appeal deadline is 01/09/22 even though they state that I've got 21 days to appeal (14 days discounted). Should it not be 21 days to the deadline? Is this relevant?

Rashpal Chana is the witness who wrote both of the claimant's WS. (A quick google search of the name shows that he is a disgraced ex-magistrate who was convicted of and jailed for manslaughter). 

Would it be possible or worth mentioning this fact at all in my WS - with question as to the credibility of his WS or he himself as a witness?



Thank you for your help!

sj499

Here are the pics for the 2nd PCN. Here the appeal deadline is 21 days from the PCN date. Please be advised again however I never received these PCNs at all.

Nellymoser

As you did not receive pcns you may wish to support this and please check your address correct on your V5C. 

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you. Good luck with your hearing.

Coupon-mad

I am a blue badge holder. In the images of the vehicle the provided by them (taken by CCTV) it is impossible to tell what colour my car seats are - however they are a bright colour. As such would it be possible for them to tell if a blue badge was displayed in my windscreen?

No, which shows how poor their evidence is because it takes no account of disability and they allowed no fair grace period for you to read the signs.

Also with regards to the first PCN - the issue date is 17/08/22 and the appeal deadline is 01/09/22 even though they state that I've got 21 days to appeal (14 days discounted). Should it not be 21 days to the deadline? Is this relevant?

Not  really.  If you are defending as driver then the wording on the NTK (in fact a NTH is what they've attempted...) isn't really relevant. And you say you didn't receive the PCNs anyway.

A quick google search of the name shows that he is a disgraced ex-magistrate who was convicted of and jailed for manslaughter.

Awful.  Not relevant to the case though.

sj499

Coupon-mad said:

I am a blue badge holder. In the images of the vehicle the provided by them (taken by CCTV) it is impossible to tell what colour my car seats are - however they are a bright colour. As such would it be possible for them to tell if a blue badge was displayed in my windscreen?

No, which shows how poor their evidence is because it takes no account of disability and they allowed no fair grace period for you to read the signs.

Also with regards to the first PCN - the issue date is 17/08/22 and the appeal deadline is 01/09/22 even though they state that I've got 21 days to appeal (14 days discounted). Should it not be 21 days to the deadline? Is this relevant?

Not  really.  If you are defending as driver then the wording on the NTK (in fact a NTH is what they've attempted...) isn't really relevant. And you say you didn't receive the PCNs anyway.

A quick google search of the name shows that he is a disgraced ex-magistrate who was convicted of and jailed for manslaughter.

Awful.  Not relevant to the case though.

https://orange-susannah-25.tiiny.site

https://orange-susannah-25.tiiny.site/
Here's the WS for the first one, (blue badge one) is it okay?

Sorry I know the link looks dodgy but it's really not!

1505grandad

Just checking  -  is this a c & p error as it suggests you as driver (para 52) and are all the other statements there relevant:-

"The signage in this case required customers to enter their vehicle registration number at a kiosk inside the store. Unfortunately, this kiosk was inaccessible to me as the store was closed, rendering compliance impossible."

KeithP

sj499 said:

https://orange-susannah-25.tiiny.site

https://orange-susannah-25.tiiny.site/
Here's the WS for the first one, (blue badge one) is it okay?

Sorry I know the link looks dodgy but it's really not!

Yes, you are right, it does look dodgy - too dodgy for me.
Why not try dropbox or something else more mainstream.

sj499

So I posted the WS statement to the Claimant and hand delivered it to the court on time. What happens now? My court date is next week. Do I just turn up empty handed, what happens there? Will I need to say much or will it be based on my WS - do I need to take a copy or can I take my laptop? It’s my first time I’m not sure how this works but would appreciate any help…

Coupon-mad

Hearing tips are in the NEWBIES thread - did you miss that part? Tells you what to expect.

.. but ideally, you go with a printed copy of everything nicely organised in a ring binder.