DCB LEGAL SPS Witness Stage

Milliered

Thank you Gr1pr

Milliered

Hi folks

Hope all ok.

Witness statement stage now with a court date start of November..

The main basis of my defence is that the vehicle was stopped in a position that I believe wasn't even in the boundary of the carpark.

The vehicle never actually entered the carpark and so didn't go past any signage. Therefore a contract could not have been entered.

Vehicle done a turnaround in the junction off the Main Rd that leads to a residential carpark approx 20 feet further in. Vehicle then stopped for 10 mins on the side of the junction in a position that would not cause any issues to stop vehicles moving past. This is a common place to stop when having to collect from the takeaway rather than causing problems stopping on the Main Rd.

When the driver came out there was a man taking photos of the car and the sign up high on the building who had been sitting in his car.

When questioned, he could not actually show where the boundary of the carpark began.

I took my own photos at the time to show the relevant position of the vehicle in in comparison to the signage which are posted earlier in the thread.

Please can someone suggest what examples I can use to adapt my witness statement and which previous cases to include.

I have done this once before but needed lots of help!

Interestingly there are Additional Directions for the Claimant including such information as a copy of the written terms of the contract and agreement which the Claimant is authorised by the landowner etc.. also an explanation of how the alleged debt is calculated a.

There are other ones aswell that they have to provide. Is that normal now?

Many thanks in advance

Milliered

Just to add I have to have it sent by 17th September

Gr1pr

Check the advice in the 2nd post in the newbies sticky thread in announcements plus study the WS by member JackR1 too

When is the hearing fee deadline. ?

Please edit your thread title to something more suitable like

DCB LEGAL , SPS witness statement stage

Milliered

Hi Gr1pr

5th October

Will edit as advised

Many thanks

Coupon-mad

They'll discontinue soon!

Milliered

Hi all

Have had a good look through JackR1 Witness Statement

I have not had the Claimants WS yet so not sure exactly what their points are going to be.

So I don't type out a load of rubbish and bore you to death reading it, can I just clarify that my main defence is I don't believe I was actually in the residential car park boundaries and that they need to prove it.

The car park never had entry signs anyway, just a small one up high on the side of the building that isn't seen by a driver on entry and a larger sign about halfway in the car park that was obstructed by a transit van anyway as it is in a low position. This can be proved by photos I took at the time when the parking scammer was taking his own photos. The difference was ,he just took a photo of the small sign high up on the building and the vehicle. The crucial point though is he never took a photo of the position of the vehicle and the sign together which proves that the sign was at least another 10 ft or so before the car park was entered as my own photos do(as posted at the start of this thread.

As this is a residential car park ,as I understand it here is no contract to be entered as payment can't be made to park so no point in me argueing that in the my WS?

I understand the points about adding on the exaggerated charges and the ref HHJ Maloney, also the Beavis sign.

Can I ask if the PoFA 12 is relevant to my situation as I haven't denied being the driver as the covert surveillance scammer was wearing body camera when I was asking him about the boundary so wasn't sure if that could have been used.

Sorry to ramble on ,just struggling with how to put it all in to the correct words and format as a lot of whatI have read seems to not apply and I don't want to waste everyones time(including my own)

Have looked through the Newbie thread and understand the process etc as I have already defended a previous claim successfully with alll the help from you folk. But that one seemed a bit more straightforward in the end as there was very obvious defence regarding airport bylaws.

Or am I reading too much in to it and stressing?

Cheers

Milliered

Hello

Please can someone advise me as to what exhibits I need to include as I am really struggling to even get started as I have no idea what to write. My particular case does not have anything to do with not paying a parking fee or overstaying etc.

It is a charge of Unauthorised Vehicle but it is denied the vehicle was within the car park boundary.

Sorry

Many thanks in advance for any help

Milliered

I assume the NTK is valid and the Poc on the claim form? I can post an image if needed

Coupon-mad

Show us both.

If it's a case of alleged unauthorised parking then as well as HHJ Moloney's transcript you can also rely on PACE v Lengyel (search the forum and you'll find WS using it and talking about it being impossible to comply with any contract if you are a non-permit holder).