Six year old ticket

Coupon-mad wrote: »

Wow that is defeatist.

Please go back, and actually read a Witness Statement example from the NEWBIES thread.

We know for a fact you cannot possibly have looked at one properly, as you said:


No-one who read a WS would say that. A WS says: ''I am xxx and this is what happened, and here's the evidence I want to use at the hearing'' (hardly difficult, hardly gobbledegook).

No-one is saying you write your own from scratch. What we do here is show you ones to copy/adapt.

I have read the WS but dont understand the legal jargon Im only being honest about how I feel regarding this.

The_Deep wrote: »

If you do not understand anything try using google and it may become clear. Perhaps you can ask your MP to help, most MPs are noe fully aware of this scam.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Thank you for your help. Its the legal talk I dont understand really. When I read through WS's there is mention of various reports and acts and I am trying to work my way through all the various points but sometimes its a long read and when finished, it seems it possibly doesnt even apply to my situation.
The fact is that I didnt receive anything at all from anyone until I was issued with the intention to start court proceedings, some 6 years after the alleged offence. I received it just 7 days I believe prior to their time running out to deal with this (as I understand it).
So a lot of what other WS are saying regards various communication they have had from their particular claimant doesnt apply to me.?
I have emailed my local MP and didnt even receive an acknowledgement of my email

Thank you again, Ive started putting a WS together, baby steps I think!

So Ive been burning the midnight oil as suggested and come up with a rough draft of a witness statement. Im sure it will need polishing and Im willing to add points and take some away but, at the moment, this is possibly a skeleton of a WS



I, ****************** of **************, *********, ***********, **** *** am the defendant in this case.


1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief

2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.

3. I assert that I am the registered keeper of the vehicle in question in this case. I was not the driver.

4. The alleged offence occurred some six years ago. The first correspondence received by myself was just 2 weeks prior to the six year deadline for the Claimant to pursue this matter legally. There is an occasional issue with mail, due to a nearby residence being named practically identically to my own address. But I fail to believe that all the required paperwork during a six year period would have gone astray For this reason I believe that the Claimant has not complied with the necessary procedures.


5. The claimant submits that the defendant is the responsible person in charge of the vehicle which has incurred the charges referred to This is denied as the Claimant was not there and has no knowledge of who was driving on any occasion. However, I do have knowledge and attest that I was not the driver.

6. The reason for my certainty that I was not the driver is that the car park in question has long since held the reputation of being an area where rogue car park operators do their business. Numerous people I know have fallen foul in this place, my own pastor and my late father-in-law to name just two. For this reason, the car park, once well used, resembles something of a ghost town. A very large area in a prime position to shops, will typically see 6 or 7 cars parked there, obviously by some people who have found a way round this rogue system, or who dont mind paying exorbitant sums of money to the Claimant. I have not used this car park myself for over 10 years and find myself walking long distances on my rare visits to this town, rather than go through the tedious, stressful and unfair process of proving innocence following the claim of being guilty.

7 Even though photographic evidence has been requested from the Claimant, none has been provided to date


8 In order to demonstrate that the driver(s) on these occasions failed to pay & display, the Claimant should have evidenced that, of course. Where are the photos of the dashboard showing no P&D ticket displayed? Failing that, as this is an ANPR site, where are the system records showing no payment made on these days? They have not even supplied lists of the VRNs input by drivers on those days, e.g. showing a mismatched payment, wrong VRN or no entry at all that corresponds with this vehicle.


9 I also point out to the presiding Judge that the Claimant has not supplied any evidence at all that the alleged contraventions even occurred. ANPR camera photos merely show a vehicle arriving and leaving. All vehicles will have been recorded thus (assuming their VRNs were captured). All vehicles, including those whose drivers paid and displayed.


10 I am an unrepresented consumer who has never attended the County Court before and was not even the driver so I have no knowledge of the events, dates, or signage terms. I strongly object to this Claimant at the eleventh hour pursuing me as having committed a parking offence


11. This case is from before POFA2012 Schedule 3 was enacted which means only the DRIVER was liable, and not myself, the keeper, and I have no reason to recall who the driver was, particularly after such a long time has lapsed.

12. Conclusion – no evidence of contravention and the Particulars lack any basis for a claim

13. The Court is invited to dismiss this Claim, and to allow my wasted costs which will be submitted separately and in a timely manner, depending upon whether a hearing takes place. I firmly believe that to pursue me as registered keeper when the Claimant admits they have no such right, and to submit such incoherent particulars and lacking ‘evidence’ is wholly unreasonable and vexatious.

Redx wrote: »

simple, IGNORE !!!

come back within 6 years if you get a formal LBC or an MCOL

DO NOT COME BACK ABOUT DEBT COLLECTOR LETTERS

Ive received a 'Notice of Intended Court Proceedings' Not the same thing as an LBC or MCOL Im guessing? Should I ignore?