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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,804 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However the NEWBIES thread does of course cover WS stage. There I give a full a-f list of typical exhibits and tell everyone to simply search for NEWEST (never 'best match') results parking witness statement posts. Easy!
    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
  • teagee85
    teagee85 Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    Amazing, thank you both. I'll be sitting down this weekend to go through both posts. 

    Thanks again!
  • teagee85
    teagee85 Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    Hello all.

    I've been looking through the newbies thread and the other post all morning and I'm at a loss as to how to write a WS. I don't know what it should look like or include. I've seen one but it was so complex that I didn't really understand it.

    In simple terms all my WS would be is that I was working at the loaction that day, was told to park there for the day by my colleagues and the venue "Pretty Decent." I didn't see a sign to indicate a fee had to be paid. I don't recall seeing a machine. I didn't get a ticket on my windscreen. I left in the early hours after finsihing work. And that's it. I have no evidence.

    I don't really have time to go back there and take photos etc and It's not somewhere I visit freqently. I was only there once for work. I'm working 14 hour shifts atm and I only have 2 hours a day to work on this before I have to send it.

    I think if I send in that as a WS they'll see it as a weak argument and I'll have to attend the hearing...so I might as well just pay the reduced fee as I'm at a loss for what to do next to help me win this.

    I was hoping I would have recieved the notice of discontinuation by now, it's been over a week since the reduced payment offer but I've heard nothing else.
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    It'll never get to a hearing. Prepare anything if you must but they are going to discontinue before they have to pay the trial fee.
    The requirement to pay the trial fee 28 days before the hearing is outlined in Civil Procedure Rule (CPR) 3.7A1 and the associated County Court Fees Order. Specifically, the key provisions state:

    CPR 3.7A1: If a party is required to pay a trial fee, it must be paid by a certain date. If the trial fee is not paid by that date, the claim will be automatically struck out.

    CPR 3.7A1(3): The payment date is 28 days before the trial unless the court orders otherwise.
    So, check with the court on Tuesday 5th November to see whether the vermin have paid the trial fee. You still have another week to prepare a WS if they haven't (unlikely).
  • teagee85
    teagee85 Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    Hi LDast, thanks for responding!

    Yes the letter I have says they must pay by 4pm 4th Nov, and I have until 11th Nov to submit a WS but just trying to have something in place as advised here (since I'm terrible with the legal wording of things as it is!) but will try not to worry until then.

    Fingers crossed this is just the final hurdle before they give up.


  • Le_Kirk
    Le_Kirk Posts: 24,695 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    A witness statement is written to back up and support your defence with evidence. It is a narrative, written in the first person and tells the story of what happened on the day and subsequently.  Read through some threads from the last few days; there are always posters posting their WSs for critique. Copy one for style and format remembering that each poster's situation is different.
  • teagee85
    teagee85 Posts: 34 Forumite
    10 Posts First Anniversary Name Dropper
    Hi all,

    Just to update, I recieved a notice of discontinuance!

    I didn't recieve anything from the court to confim but Ive not heard anything since so I assume it's official.

    Thanks so much for your help!
  • Coupon-mad
    Coupon-mad Posts: 152,804 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    teagee85 said:
    Hi all,

    Just to update, I recieved a notice of discontinuance!

    I didn't recieve anything from the court to confim but Ive not heard anything since so I assume it's official.

    Thanks so much for your help!
    Ooh congrats!  You won! 

    ANOTHER ONE BITES THE DUST!

    But we can't yet count it without a quick screenshot of the NoD as you'll see posted on @Umkomaas thread. Please show it! Many thanks.
    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
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks for copy of your NoD, so over to the DCB Legal Discontinuation thread of shame.  👍
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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