Defence review requested following Claim Form - Am keeper but not driver

bagold

Hi everyone. On 24 May I received a 'Notice of Allocation to the Small Claims Track (Hearing)' letter. This tells me I need to deliver to the other party and court office all documents by 18 June. Court hearing is in July. Not at the court I specified but still in London. 

Should my evidence ('exhibits') and Witness Statement be in a free format on a Word document or is there a form to fill in?

Should I send a statement based on https://forums.moneysavingexpert.com/discussion/comment/81300838#Comment_81300838?utm_source=community-search&utm_medium=organic-search&utm_term=Excel+v+Smith
by SuperE20199?

I don't think points 8 and 9 would apply to me. 

In my Defence my point 3 was:

3.  The Defendant was not the driver of the car on 23 July 2024 which is the date of issue of Parking Charge (reference xxxxxxxxxxx). In fact, the defendant did not have access to the vehicle with registration LLNNLLL when this vehicle was lent to a third party between 10 July 2024 and 21 August 2024 for the entirety of this time period. 

Should I copy all the wording from my Defence?

Again I appreciate all the advice and help given.

Thank you.

Coupon-mad

bagold said:

I would appreciate if anyone can review my Defence. I have acknowledged the Claim Form online as advised in Newbies thread. 

My daughter was the driver and parked in hospital car park to take her daughter to A&E. Unfortunately I ignored all letters from ParkingEye since the Parking Charge Notice. 

Details of the claim are:



I have written the defence as per the guidance on Newbies thread. To be honest I don't understand most of it.

Should I copy all the wording from my Defence?

No that's unnecessary & would annoy the Judge. And you don't understand it!

Have a browse through today's posts as at least one person has posted a draft WS this afternoon. I think you will struggle which is why we pushed for you to offer to settle.

Your main point should be that you are the keeper only and the added £25 wasn't on the ParkingEye signs (never is) and in any case Schedule 4 of the POFA doesn't allow the keeper to be pursued for more than the PCN that the driver would have paid. POFA prescribes the 'maximum sum' to pursue a keeper for is the parking charge on the PCN.

You'll need a WS from your daughter too, saying that the signs weren't prominent.

I wish you'd named your daughter with her address in Scotland. You'd not be here now!

bagold

OK I see a WS which is much more simple.
https://forums.moneysavingexpert.com/discussion/comment/81376261#Comment_81376261?utm_source=community-search&utm_medium=organic-search&utm_term=witness+statement

I'll get a WS from my daughter.

Coupon-mad

bagold said:

OK I see a WS which is much more simple.
https://forums.moneysavingexpert.com/discussion/comment/81376261#Comment_81376261?utm_source=community-search&utm_medium=organic-search&utm_term=witness+statement

I'll get a WS from my daughter.

That one isn't covering what you need to say, has an out of date Statement of Truth (it's too short) and isn't as good as the ones we've seen posted this week.

As I suggested, read today's threads. 

bagold

I'm sorry for being thick but I've been looking for Witness Statement examples in
https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking
also under
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou
Am I looking in the right places?

I see this WS:
https://forums.moneysavingexpert.com/discussion/6600450/help-with-witness-statement-and-should-i-go-to-court/p2

Coupon-mad

I meant just read today's threads ... as in the ones on page one and two of the forum ... but that one is at least only a month old.  But it's about a Gladstones claim so the stuff about it being 'poorly pleaded'/'case should be struck out' doesn't work in your case.

Just write your story plus what I already told you above.

bagold

Would this be an appropriate Witness Statement by my daughter?

Witness Statement ===

  

I am X, of XXX, and I am the Defendant in this matter, and will say as follows.

 

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.

 

2. I confirm that I was the Driver of the vehicle in question on the 23 July 2024.

 

3. The sign in the car park were not prominently displayed that would have prompted me to pay for parking. I am based in Scotland, where hospital car parks do not charge for parking.

 

Statement of truth:

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Witness

  

Signed

 

Tags: None

bagold

Also is there any merit in claiming this defence? https://www.times-series.co.uk/news/14419278.parking-fines-issued-at-barnet-hospital-could-be-invalid-because-nobody-got-planning-permission-for-the-signs/

Coupon-mad

No because that was almost a decade ago. ParkingEye will have sorted it out years ago!

You really should be making PEye an urgent offer by email BEFORE they have to pay the hearing fee (when is that?) because your defence position is - sadly - about as hopeless as it could be.

All we've been doing is trying to rescue you from paying the full amount since you posted here but the case is unwinnable in my view.

I really wish you'd come here earlier and named her as driver with her Scottish address. lesson learned. Make another offer by email.

bagold

Appreciate your advice. I followed this:
"Start at £10, I wouldn't go as high as £30. If they refuse to take your sensible offer, you will see them in court. Costs in small claims court are limited - max you are likely to pay (if you lose) is £212. What is all this talk of losing?"
But I'll take your advice and offer something. During mediation they would only go down to £165. Any suggestions on an offer?