Parking Eye LTD Witness Statement - Another one bites the dust

YoungDriver123

I have updated all references to the Defendant to "I" and have included the Standard statement of truth as well. Very good spots!

YoungDriver123

I think to include the point on "double recovery" as like the attached - Premier Parking Logistics Court Claim Defence (Case Closed - Lost with reduced fees) — MoneySavingExpert Forum however, im not sure on whether this applies? I did pay the £6 charge is this double recovery?

Gr1pr

Double recovery is regarding the fact that the claim will have been artificially inflated by say £70 for spurious charges like debt collectors fees, yet the Beavis case said that the cost of recovery is included in the pcn figure   ( typically £100  )  so they don't get 2 chances,  they dont get double the money for usually non existent charges 

YoungDriver123

Ohh okay that's good to know. Other than that Gr1pr - what do you think of the witness statement? Is it clear the scenario i'm presenting?

1505grandad

"At the time of the alleged breaches, the Defendant briefly entered and I approached a parking attendant. I informed him that the parking lot was far from our destination. The attendant advised that I could pay for my parking immediately, then move my car and come back. I specifically asked if my parking time would start upon my return, and he confirmed that it would. I relied on this clear verbal instruction in proceeding with the payment and subsequent actions. Relying on his clear instruction—and under the principle of estoppel—I proceeded with the payment and acted in accordance with his directions"

Just checking  -  there does not seem to be a copy of the PoC on the thread so I wonder if the Chan and Akande cases are relevant in view of the above answer to any alleged breach.

YoungDriver123

Hello Grandad! 
I see a few likes on your comment, does that mean i should exclude this in my witness statement?

Ralph-y

await further forum advice ....

Coupon-mad

YoungDriver123 said:

Hello Grandad! 
I see a few likes on your comment, does that mean i should exclude this in my witness statement?

It means we need to see the POC from your claim form!

What's your deadline for this WS and evidence?

Also please edit your thread title which makes no sense now.  Instead, for the title put the PPC's name and solicitor firm, and witness statement stage.

YoungDriver123

Hello, I cannot locate the first page of the Claim Form which stated the POC.I looked all over the house and can find everything other than the 1st page which im gutted about. 
The deadline was last Friday unfortunately.  

YoungDriver123

Hello, Just spent two hours on line with the court and informed them of the situation currently with the late witness.
They verbally told me the POC which was:
"Claims for monies outstanding from the defendant in relation to a parking charge. Reference xxxxx issued on the 19th of October 2023 the signage clearly displayed 

throughout xxxxxx states this is a private land managed by parking eye limited 

and that it is subject to terms conditions including the payment of parking tariffs which those agreed to park are bond (contract) 

Parking eye ANPR system captured vehicle xxxx entering and leaving the sight on the 14th October 2023 and parking without a valid paid parking ticket pursuant to FCH 4 of the protection of freedoms act 2012, notice has been given to the registered keeper making them liable to the parking charge upon breach. "


I purchased  a parking ticket and the attendant told me that the timing would only start once i enter back nonetheless please see in the next comment the photos i took last night around the same time, as you can see it's pretty dark particularly from my car