Euro Parking Services/Gladstones Solicitors - Court Claim (Defence help required)

Coupon-mad

Yep standard stuff. I like the Additional Directions which make Gladstones work!

It DOES instruct your dad as well. You'll know the deadline for WS & evidence stage because you've read page 1 of that order. Christmas Eve so do it that week.

And you hopefully remembered to re-read IMPORTANT: KNOW WHAT HAPPENS WHEN in post 2 of the NEWBIES thread. Nobody does! But it's all there for you.

palegreenghost

I'm reading through some WS examples and I had a couple of questions about it. I think I want to bring up the Application to strike out the claim as a preliminary issue before I even get into the facts of the alleged incident. Anyway my questions are: 

My dad can't really remember what happened that day, I think the evidence they provided said he was parked for 7 minutes. He thinks he potentially went to use the cash machine at the location but can't be sure. If he can't really remember should he say so? 

What's the most important thing that I should focus on in his witness statement? 


Thanks again 

Le_Kirk

It is important that the person named on the court claim is the one that submits the witness statement.  You can, of course, help.

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.

palegreenghost

Coupon-mad said:

palegreenghost said:

I'm reading through some WS examples and I had a couple of questions about it. I think I want to bring up the Application to strike out the claim as a preliminary issue before I even get into the facts of the alleged incident. Anyway my questions are: 

My dad can't really remember what happened that day, I think the evidence they provided said he was parked for 7 minutes. He thinks he potentially went to use the cash machine at the location but can't be sure. If he can't really remember should he say so? 

What's the most important thing that I should focus on in his witness statement? 

He absolutely categorically DOES NOT talk about a cash machine.

Okay I won't mention it, he doesn't remember what he did that day anyway so he can't be sure that he even used one even.

If he doesn't have any recollection of what happened that day, what should his witness statement say? All the examples of WS I can find talk about the events on that day, what happened where and at what time. 

I'm worried his defence isn't going to be very strong on the day of the hearing.

Gr1pr

Leave it vague then, no spouting anything that isn't 100% true,  no stories,  no theories,  no assumptions,  it was an unremarkable day long ago  ( I cant remember what I did a week ago,  nevermind last year or a few years ago   )

The defence was entered months ago,  he wont be changing it 

He has no need to try to account for his whereabouts on that date long ago, although if he was in Thailand on holiday it would be helpful to say so, with proof 

Or a brief stop, read the signs, decided to not agree to the parking contract and left promptly  !

Its up to the claimant to prove their case,  the defendant doesn't have to prove anything,  doesn't have to explain anything,  sometimes less is more

Coupon-mad

I bet the signs weren't prominent. That's the main point. He briefly stopped, saw no signs at all and then left. There was no agreed contract.

palegreenghost

It says he was there for 7 minutes in total. They've emailed their witness statement and evidence, I'll post it in a moment I just need to redact some things...

Gr1pr

So a brief stop on site,  reading the wordy signs,  rejecting the private parking company contract and leaving promptly , explanation is in the link below 

https://forums.moneysavingexpert.com/discussion/comment/81783056#Comment_81783056

palegreenghost

And then they've included the PCNs that they sent, I can include those too I just need to redact them.

palegreenghost

Coupon-mad said:

I bet the signs weren't prominent. That's the main point. He briefly stopped, saw no signs at all and then left. There was no agreed contract.

Gr1pr said:

So a brief stop on site,  reading the wordy signs,  rejecting the private parking company contract and leaving promptly , explanation is in the link below 

https://forums.moneysavingexpert.com/discussion/comment/81783056#Comment_81783056

It does appear to show that my dad left the premises during that time. That's their main argument by the looks of it.