CLAIM DISMISSED - CLERKENWELL COURT 10.02.25

skintbutwantstosave

Do you need me to screenshot attachments ?

Gr1pr

Your WS bundle must be due,  so use recent examples of other people's witness statement bundles for your own, not defence templates 

skintbutwantstosave

The notice to registered to keeper was sent on 14th March 2019, I had already moved addresses by then and they continued to send letters to my parents address, but I wasn't on good terms. It was only recently when a court claim was issued to my parents address, my sister sent it to me that I then becamw aware of the parking charge. Do I just write all this in the witness statement? I have tenancy agreements to confirm new addresses etc so can attach those to? I used those to get the initial CCJ overturned as the court kept sending orders to the wrong address even though I had updated my address. 

Car1980

How does that have any relevance though? This is a claim based on a contract. Where is the contract? Have they included a photo of the sign?

skintbutwantstosave

Car1980 said:

How does that have any relevance though? This is a claim based on a contract. Where is the contract? Have they included a photo of the sign?

I have attached the exhibits from the witness statement. 

Looking at the exhibit below, the car was parked in the yellow section, which doesn't look is covered under their land owner agreement. Will that be an argument to say they didn't have authority to manage that bit of land and therefore the parking ticket isn't valid?
FYI, I wasn't the driver at the time, but defended on the basis I'm the registered keeper. 

skintbutwantstosave

Is there a link to recent witness statement example I can look at when writing my statement?

Coupon-mad

Yes, look in the threads by:

@Buffalo18

@paddyposh

@imulsion

Yes you need Chan and Akande as exhibits. And your lease from that property, if you have it still.

This is NOTHING to do with you moving house and not receiving the letters. Forget that. However your point about that area not being within their area of enforcement is MASSIVE!  Really important.

What is your WS deadline on the hearing Order?

skintbutwantstosave

Coupon-mad said:

Yes, look in the threads by:

@Buffalo18

@paddyposh

@imulsion

Yes you need Chan and Akande as exhibits. And your lease from that property, if you have it still.

This is NOTHING to do with you moving house and not receiving the letters. Forget that. However your point about that area not being within their area of enforcement is MASSIVE!  Really important.

What is your WS deadline on the hearing Order?

The WS deadline is tomorrow. I will draft something tomorrow morning and post for approval before I email. I will check my emails for the lease. But will look into the area of enforcement to see if I can find pictures on Google images from 2019 and attach as exhibits. Will look at the example threads for reference. Thanks so much coupon mad. 

skintbutwantstosave

 @Coupon-mad the notice to keeper, states that the reason for the ticket was that the car parked in a no parking area, yet the signs provided do not state that other than the car should be in a marked bay, which is what they have relied upon in the witness statement.
 I've been on Google maps to look at the area where the car was parked compared to the plan provided by the witness statement shows it was outside of the "parking boundary"
 

When drafting the statement, do I draft in the following order:
1. Didn't receive the notices etc
2.the car was not in the area of enforcement so no authority to issue PCN, issue claim and claim damages/costs
3. Quote the chan case 

Coupon-mad

No. As we already advised:

"Didn't receive the notices etc" is NOT a defence point at all.

Mention that merely in passing later on in the WS when saying why you didn't appeal. Literally one sentence. Your defence case and WS is not about that.

At least one of those I linked for you is about a residential site. Use them, copy them! Jopson v Homeguard applies: residents were allowed to stop there to unload, pick up passengers etc. AND it's outside of the C's own images of the enforcement boundary.

And there are two appeal cases re inadequate POC. Not just Chan. Search and copy wording re Chan & Akande and find the judgments link by @Le_Kirk