Incorrect 'Reason for Contravention' on DCBL letters

Not_A_Hope

As a witness statement admitting you were 17 minutes late practically does Euro Car Parks job for them. The judge will not be interested in mitigating factors nor their subsequent behaviour. You need to review what you wrote in your defence and provide information that backs up any legal arguments

Riggsy68

Coupon-mad said:

No.

Needs to be a full WS with exhibits like the one worked on by @FluffySocks25 right now. You aren't meant to write it in your own words without reading the WS & evidence section of the NEWBIES thread. Looks like you forgot to use the resource we provide?

This SoT is very out of date:

"I believe that the facts stated in this witness statement are true".

I really don't know what to write. This is simply a case of staying 17 minutes longer than the ticket covered, not appealing the original 'fine', and ignoring the threatening letters from the legal firms until the letter before court. I can certainly remove some of the stuff in my WS (such as admitting overstaying by 17 minutes), but apart from that we really don't have a defence as such. I'm really panicking as I only have until 28th May to submit a WS.  

kryten3000

Why is the Witness Statement telling them who the driver was or the purpose of the visit?!

The claim is against the Registered Keeper who was not the driver so they can honestly state that and they don't have to name the driver either.  The Defendant doesn't even need to admit they were present in the vehicle either.

This needs a complete re-think.

Coupon-mad

Read the one I linked to see what a WS with exhibits looks like.

Riggsy68

kryten3000 said:

Why is the Witness Statement telling them who the driver was or the purpose of the visit?!

The claim is against the Registered Keeper who was not the driver so they can honestly state that and they don't have to name the driver either.  The Defendant doesn't even need to admit they were present in the vehicle either.

This needs a complete re-think.

OK thank you. But is there any kind of template or wording that I can use? If I cut and paste someone else's WS and take out the points relevant to their case, how would I fit in or word what you have just told me?

Coupon-mad

Try it then we'll help. We need to see your effort as we won't/can't write it from scratch.

It is dead easy to just take inspiration from somebody else's WS, add the usual headings and the usual ending (seen in any WS you care to read by searching the forum) then add your facts in.

Riggsy68

OK guys. Here is what I have mustered. Appreciate your thoughts and efforts.

WITNESS STATEMENT OF: XXXXXXXXXXXXXXX

 

Claim Number: XXXXXXXXXXXXX

 

Claimant: Euro Car Parks / DCB Legal

 

1. Introduction
1.1. I am the Defendant in this matter.
1.2. I make this statement in support of my defence against the claim brought by Euro Car Parks Ltd.
1.3. The facts in this statement are true to the best of my knowledge and belief.
2. Background
2.1. On the date XX/XX/XXX, the vehicle registered to me (XXXX XXX) was parked in XXXXXXXX car park in XXXXXXX.
2.2. The Defendant was not the driver of the vehicle on the specified date of the alleged parking violation. The Defendant is unsure who was responsible for parking the vehicle on the date in question, as other members of the Defendants family have regular use of the vehicle.  
3. Details of the Incident
3.1. As the Defendant was not the driver of the vehicle, no contract was formed between the defendant and the Claimant.
3.2. It is believed the Claimant has suffered no financial loss as a result whoever parked the vehicle.
4. Legal Arguments
4.1. The Claimant is not entitled to claim the sums sought, as they have not demonstrated that the Defendant was the driver of the vehicle.
4.2. The parking charge is an unenforceable penalty and does not comply with the requirements set out in ParkingEye Ltd v Beavis [2015] UKSC 67.
4.3. The charge exceeds the industry cap of £100 and appears to include unlawful additional fees from DCB Legal Ltd.
5. Impact and Consequences
5.1. I have suffered unnecessary stress and inconvenience due to this unjustified claim.
5.2. I have spent time and effort defending this claim, which has caused undue distress and disruption.
6. Statement of Truth
6.1. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.

 

Signed: XXXX

 

 

Dated: XXXX

Coupon-mad

You need more. Read more WS on threads. 

Le_Kirk

That is the wrong statement of truth, ask Auntie Google or read some WSs on the forum.

Riggsy68

Coupon-mad said:

You need more. Read more WS on threads. 

It's all irrelevant now anyway................. we received an NoD this morning!! 

I'd like to thank everyone for their help and assistance. Power to the People!!

Where do you want me to post a copy of the NoD?