Newbie questions - Excel Parking using DCB Legal - Witness Statement stage

Gr1pr

1) no, your defence is already logged in the case file, so on record,  but you could elaborate on the points raised 

2) see 1) above 

3 ) just state your case, as a first person witness,  don't second guess anything 

The claimant has to prove their claim or they fail,  your WS is your version of events

Lemonhead39

Thanks. I am so looking forward to receiving their WS.

One other question, sorry. How can DCB Legal or the claimant submit a witness statement to something they did not witness?

I have updated the heading of my thread to account for the stage I am at.

Thanks

Car1980

Don't assume they won't discontinue even if they've paid the fee.

Coupon-mad

The hardest element of this is to guess what to defend in the WS. I bought a ticket which I have and the claimants own PCN shows the times of arrival and exit which are absolutely fine. I bought a ticket within two minutes of arrival. I am literally trying to guess what the contravention could be. I also have a ticket with 4 alphanumerics on it which matches my car and a ticket from an earlier visit which again showed 4 alphanumerics so Excel cannot claim I put the wrong registration mark in.

Put all of the above rationale into your WS, plus the two tickets to prove it is clearly a machine keypad error not your typo.

Also search the forum for HHJ Pema. Find that transcript of a circuit judge refusing a parking firm (Excel?) leave to appeal in a similar case. Add that as another exhibit.

Here's a very good, concise but damning WS that I really liked today:

https://forums.moneysavingexpert.com/discussion/comment/81555055/#Comment_81555055

Castle

Lemonhead39 said:

Hi

I have a few questions I would appreciate support with.

As a reminder, I bought a ticket and Excel are claiming that I put the wrong VRM in which is nonsense.

1. My court hearing is Friday 8th August. 

The notice of allocation to the small claims track hearing states that each party must send to each other and the court copies of all documents upon which that party intends to rely no later than 14 days before the hearing.

I received Excel Parking Service's witness statement this morning so have to make some changes to my draft witness statement.

Can someone confirm that it is fine to send my witness statement to Excel and the court on Friday 25th July please or does it need to go today 24th July?

2. As part of Excel's defence they have provided a contract witness statement by yje company who lease the land to them confirming that the site is leased to Excel. The signature and name of the contract witness of the CHAIRMAN is crossed out and it has been signewd on behalf of the chairman with the signature  'Development Services Ltd' on the date Dec 30 201g. Yes that is what is states DECEMBER 30 201g The witness statement contains spelling mistakes too but the best bit is it contains the wrong postcode! Can I ask for this evidence to be removed from consideration as part of my witness statement?

I can redact the company name and postcode and upload this if it helps as it makes lots of statements that 'enable' the operator, Excel.

3. Excel have provided a number of signage photos which are from Jan 20. Should I mention that these can not be relied on as they are old? They have also provided graphic representations of the signs but who is to say they were the same on the date of the alleged contravention?

Thanks

Please do; because, according to Companies House, "Development Services Ltd" has now been dissolved.

Gr1pr

Tomorrow should be fine 

Definitely mention the discrepancies etc, pick holes in their WS

A driver is a first person witness and likely to be the only actual witness in any future hearing 

Although theirs is called a WS, It's really just a statement of what they believe to be true based on their exhibits and case notes

Castle

There has to be a lease agreement between the landowner and Excel showing a start date, the length of the lease, terms and conditions, plus a map. None of that is included in the "contract witness statement", clearly the date is wrong-looks like "201g" and it's not even on company headed paper.

Coupon-mad

Without a (confirmed as authentic) map, how do we even know the boundaries of the parcel of land Excel supposedly lease?

Also - as another observation - the IPC hasn't been called the Independent Parking Committee for almost a decade:

https://www.transportxtra.com/publications/parking-review/news/48665/independent-parking-committee-becomes-international-parking-community-/

Castle

Lemonhead39 said:

They are on companies house

https://find-and-update.company-information.service.gov.uk/company/00849788

I know; but, your post only said "Development Services Ltd" not the full name.

Coupon-mad

Lemonhead39 said:

Is it normal for them to cross out the name and signature as part of evidence of the contract witness statement? If not, I will detail that this contract witness statement is worthless and should be disregarded.

The postcode in that witness statement does not cover the car park according to Google maps. It's directly next to it. The postcode in the PCN does cover the car park.

I am astonished that they have put such a poor document in as evidence but maybe this is the norm.

Yes that's normal.

Redacting a name & signature is what you'd expect, due to UKGDPR.

Do not attack it all in your WS as that lets them respond with a second one. Keep most of your powder dry for the hearing.