Premier Park Ltd Claim Form & Defence - Advice

Coupon-mad

Yes.    

SuperE20199

I'm just working through my witness statement currently, but is it worth holding back from sending this (once I've got you guys to check) until the deadline of 21st Feb?

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

Le_Kirk

SuperE20199 said:

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

You should put together your witness statement based on your defence.  A witness statement is a narrative based on what happened on the day and subsequently (but not war and peace) and is designed to back up and support what you wrote in your defence.

Coupon-mad

SuperE20199 said:

I'm just working through my witness statement currently, but is it worth holding back from sending this (once I've got you guys to check) until the deadline of 21st Feb?

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

Which is exactly why your preliminary matter relying on Chan and Akande is on point!

Yes always hold off to see first, the house brick of a template WS that Gladstones will send.  DO NOT SHOW THEIR DRIVEL TO US.  We want you to be ready for it by reading half a dozen Gladstones completed cases, so you can then confidently call it out.

SuperE20199

Le_Kirk said:

SuperE20199 said:

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

You should put together your witness statement based on your defence.  A witness statement is a narrative based on what happened on the day and subsequently (but not war and peace) and is designed to back up and support what you wrote in your defence.

This is the start to which I will then add further details from previous witness statements below it:

WITNESS STATEMENT OF [DEFENDANT'S NAME]

I, [Defendant’s Full Name], of [Defendant’s Address], will state as follows:

1. I am the Defendant in this matter. I make this statement in response to the Claimant’s claim regarding a parking charge notice ("PCN") issued against my vehicle, registration number [Vehicle Registration Number]. I am the registered keeper of the vehicle, but I do not recall being the driver on the date the PCN was issued.

2. The facts set out in this statement come from my own knowledge and honest belief. I will address the issues raised by the Claimant in their particulars of claim ("POC") to the best of my ability. However, I find that the POC is lacking in clarity and detail, and appears to be a generic or cut-and-paste statement of case. As such, I have been unable to ascertain with certainty the full details of the Claimant’s allegations, and I do not understand the specific charges or costs that are being pursued. This lack of clarity makes it difficult for me to respond comprehensively to the claim.

3. I admit that I am the registered keeper of the vehicle in question. However, I do not recall being the driver at the time the alleged contravention took place. The PCN relates to an incident that occurred in [Month, Year] at [Car Park Name], a location that I regularly visit for shopping with my family. The car park is used frequently by various members of my household, which further complicates my ability to recall the driver on the specific date in question.

4. I do not recall receiving any pre-claim correspondence from the Claimant regarding the PCN in question. It is my belief that I was not properly notified of the charge prior to the issue of the claim. I understand that under the Protection of Freedoms Act 2012 ("POFA"), the Claimant is required to serve a compliant Notice to Keeper ("NTK") within a specific time frame. As I have no recollection of receiving such a notice, I do not believe that the Claimant complied with the statutory requirements set out in the POFA.

5. I am further of the belief that the Claimant has failed to serve a compliant NTK as required under Schedule 4 of the POFA 2012. The NTK should contain the prescribed information, including the relevant dates, and should be served within the time limits set out in the Act. I do not believe that the NTK, if it was issued at all, met these requirements. Without a compliant NTK, the Claimant cannot rely on the statutory "keeper liability" provisions under POFA to pursue me for the charge.

6. In summary, I do not accept liability for the PCN as set out in the Claimant’s particulars of claim. I have not been provided with sufficient evidence to support the Claimant’s allegations, and I believe that the Claimant has failed to comply with the relevant legal requirements, including those set out in the POFA 2012. I respectfully request that the court considers these issues in determining the outcome of this claim.

SuperE20199

Coupon-mad said:

SuperE20199 said:

I'm just working through my witness statement currently, but is it worth holding back from sending this (once I've got you guys to check) until the deadline of 21st Feb?

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

Which is exactly why your preliminary matter relying on Chan and Akande is on point!

Yes always hold off to see first, the house brick of a template WS that Gladstones will send.  DO NOT SHOW THEIR DRIVEL TO US.  We want you to be ready for it by reading half a dozen Gladstones completed cases, so you can then confidently call it out.

If there are any recent Gladstones wins that people can point out, that would be a huge help. I've searched a few threads on here but can't see anything standing out.

Really appreciate all the support on this.

Coupon-mad

The NEWBIES thread already tells you how to search for winning cases, with one phrase.

SuperE20199

SuperE20199 said:

Le_Kirk said:

SuperE20199 said:

As mentioned previously, I can put my witness statement together based on how often I use the car park, but I have no other detail about specifics as I wasn't aware of this or the PCN until the court claim form came to me in the post.

You should put together your witness statement based on your defence.  A witness statement is a narrative based on what happened on the day and subsequently (but not war and peace) and is designed to back up and support what you wrote in your defence.

This is the start to which I will then add further details from previous witness statements below it:

WITNESS STATEMENT OF [DEFENDANT'S NAME]

I, [Defendant’s Full Name], of [Defendant’s Address], will state as follows:

1. I am the Defendant in this matter. I make this statement in response to the Claimant’s claim regarding a parking charge notice ("PCN") issued against my vehicle, registration number [Vehicle Registration Number]. I am the registered keeper of the vehicle, but I do not recall being the driver on the date the PCN was issued.

2. The facts set out in this statement come from my own knowledge and honest belief. I will address the issues raised by the Claimant in their particulars of claim ("POC") to the best of my ability. However, I find that the POC is lacking in clarity and detail, and appears to be a generic or cut-and-paste statement of case. As such, I have been unable to ascertain with certainty the full details of the Claimant’s allegations, and I do not understand the specific charges or costs that are being pursued. This lack of clarity makes it difficult for me to respond comprehensively to the claim.

3. I admit that I am the registered keeper of the vehicle in question. However, I do not recall being the driver at the time the alleged contravention took place. The PCN relates to an incident that occurred in [Month, Year] at [Car Park Name], a location that I regularly visit for shopping with my family. The car park is used frequently by various members of my household, which further complicates my ability to recall the driver on the specific date in question.

4. I do not recall receiving any pre-claim correspondence from the Claimant regarding the PCN in question. It is my belief that I was not properly notified of the charge prior to the issue of the claim. I understand that under the Protection of Freedoms Act 2012 ("POFA"), the Claimant is required to serve a compliant Notice to Keeper ("NTK") within a specific time frame. As I have no recollection of receiving such a notice, I do not believe that the Claimant complied with the statutory requirements set out in the POFA.

5. I am further of the belief that the Claimant has failed to serve a compliant NTK as required under Schedule 4 of the POFA 2012. The NTK should contain the prescribed information, including the relevant dates, and should be served within the time limits set out in the Act. I do not believe that the NTK, if it was issued at all, met these requirements. Without a compliant NTK, the Claimant cannot rely on the statutory "keeper liability" provisions under POFA to pursue me for the charge.

6. In summary, I do not accept liability for the PCN as set out in the Claimant’s particulars of claim. I have not been provided with sufficient evidence to support the Claimant’s allegations, and I believe that the Claimant has failed to comply with the relevant legal requirements, including those set out in the POFA 2012. I respectfully request that the court considers these issues in determining the outcome of this claim.

Anyone have any thoughts on this?

Coupon-mad

But the preliminary matter relying on Chan and Akande comes first.  Hence the word 'preliminary'.

SuperE20199

Coupon-mad said:

But the preliminary matter relying on Chan and Akande comes first.  Hence the word 'preliminary'.

Is there any need to be sarcastic? I get that you’ve done a lot of these, but asking for feedback and getting a two sentence answer is the least helpful response.

I look at some threads on here and the feedback is detailed, but throughout my thread it’s just sarcasm and “check the NEWBIES” thread.