Metro Inn, Walsall

Thank you for pointing this out to me.
So if I change my WS to first person perspective and hand that in with my defence, as outlined in a previous post, I should be good to go?

Also, do I hang-fire with submitting any of this until I know what the claimant intends to do? They have a deadline (end of Oct) to respond to the set-aside...

Thanks again.

Hi everyone. The claimant, CEL, had until 4pm yesterday to file their £25 court fee to take this matter to court. I heard this morning that they do intend to pursue this matter. The hearing will be at the end of November. I am obviously concerned now, as I had hoped that the distilled defence which you all helped me with would be enough to put them off. I have now created a Witness Statement, which I will included here. would you please let me know if I should add to it or change it in any way?

I am also assuming (dangerous to assume) that I need to rely on my original distilled defence, which I will also post below. Am I missing something? Have I got to create anything else? I am going on holiday tomorrow so have very little time to get this figured out.

Witness statement:
IN THE COUNTY COURT AT WALSALL

CLAIM No: xxxx

Between
CIVIL ENFORCEMENT LIMITED (Claimant)
-and-
xxxxx (Defendant)

WITNESS STATEMENT

I, xxxx, of xxxxx street, am the Defendant in this matter, and will say as follows:

• I am the registered keeper of the vehicle in question; registration xxxxx.
• I am not asserting that I was the driver of the vehicle on the incident date, xx/xx/2017.
• The very first contact I had from the Claimant was from their debt recovery team, ZZPS, relating to this PCN, on xx/11/2017.
• I have never received any previous documentation from the Claimant – no “Notice to Keeper” letter, and I thus was never able to challenge the Claimant’s claim.
• The first letter from ZZPS stated they wanted £200 because the original PCN was ignored. This is a complete lie. I never received any Notice to Keeper letter, as required within 14 days of an alleged parking offence.
• On xx/11/2017 I emailed ZZPS and requested a copy of all photos and correspondence to be sent to me at my current address. I was informed by ZZPS that all information they hold on their system has been supplied to me in their most recent letter (a letter I had never received). I was also told that Photographic evidence and copies of correspondence sent by their client will only be provided in the event of litigation (see email printout).
• Considering the above I was unable to defend this claim. I thus believe that this case should be struck out, and the Claimant should reimburse costs, as outlined in the Schedule of Costs document.

I believe the facts contained in this Defence Statement are true.
xxxxxx



Defence notes post #56

Hi Keith. The above is a witness statement. It is labelled 'witness statement' and it is written in the first person form, as I was informed.
The other document in post 56 wad a distilled defence.
I am not clear if or why these are incorrect. Please can you help me?
Thank you