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NWCP Car Parks PCN - Over 28 days
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Yes, with the claim number, court & Claimant's name and Defandant's name at the top in headings - there are examples in the NEWBIES thread post #2.Does the WS need to be titled witness statement.
Yes it sounds like that's their WS and evidence, so find the flaws in their argument and include your own evidence with your WS, photos and other typical things mentioned in the NEWBIES thread (transcripts of cases referred to in your defence, etc).When we received a court date the claimant sent another copy of this again dated 1st Sept including photos of car, contract, debt collection letters sent to me, emails I sent and land registry registry document. Can they use this as their WS. Presume they are using this as their witness statement but not titled WS.
I can't recall if you are defending as 'keeper' (no keeper liability/POFA points) or as driver?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Yes, with the claim number, court & Claimant's name and Defandant's name at the top in headings - there are examples in the NEWBIES thread post #2.
Yes it sounds like that's their WS and evidence, so find the flaws in their argument and include your own evidence with your WS, photos and other typical things mentioned in the NEWBIES thread (transcripts of cases referred to in your defence, etc).
I can't recall if you are defending as 'keeper' (no keeper liability/POFA points) or as driver?
I am defending as keeper with forbidden sign. Cant seem to find a similar WS so still not got anywhere. How much of my defence can I use. Can I copy points from my defence and use in my WS. My defence was pretty big so can use most of that.
Please see below their WS. Not titled WS so can I argue they have not submitted a WS.
https://www.dropbox.com/s/28f27affakaohly/WS%20NW%201.jpg?dl=0
https://www.dropbox.com/s/2pl5pk01bzxqgfo/WS%20NW%202.jpg?dl=0
https://www.dropbox.com/s/yc178vkqcor414e/WS%20NW%203.jpg?dl=0
https://www.dropbox.com/s/u9lo74awdjevi8b/WS%20NW%204.jpg?dl=0
https://www.dropbox.com/s/72hezrq3ls08lud/WS%20NW%205.jpg?dl=0
Dont have time to merge them.
No Idea what to argue upon.0 -
My knowledge is basically is non existent. My defence was mainly someone else's version edited. Don't think il be able to create a WS. Even if I do. Not sure how I will be able to present in court as nervous and stressed as it is. Been sat on Laptop looking through cases since morning and not much done. Not very good at these sort of things. Simply cant do it. Wish I could just say to them now Il pay say £60 and just forget about it. Wish I acted sooner and asked them. Unless someone's writes one for me (not asking anyone as my case) and even then wouldn't know how to argue/present.
Feel I should've just paid up and rather than take this stress - just didn't think it would get this far.
Tempted to email them with an offer of £60 to settle the case as do not feel i'll be able to through with it.0 -
With limited time and main person - coupon-mad who is helping I will struggle even more as obviously yourself coupon-mad will not be online all time to help me so until you read my posts I will struggle.
I have cut down my defence to the main points. Unsure if the attached can be classed as a witness statement as it is basically a cut down version of my defence with only the top 2 points added.
https://www.dropbox.com/s/dcv5qc05ytdzv46/Witness%20Statement%20Forum.docx?dl=0
No ideas what to write about what they have submitted.
Wish there was a way to settle before court0 -
Can someone advise if my witness statement is correct or not please. Does anyone feel its not correct. Can you advise what to add or delete or is it completely wrong. Running out of time. Will it matter if I drag this to Monday as no where near completion despite trying all day as thought i'd be able to do it but seems as the time has come im feeling the pressure and unsure how il be able to go through with it. Don't think iv been this stressed as iv been today0
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I wouldn't rely on these unless you have all the transcripts, because none are especially helpful IMHO:10.7The Defendant relies on the following cases in relation to 8.1-6: UKPC v Masterson (forbidding signage) Horizon Parking v Guilford (forbidding signage) OB Services v Thurlow (forbidding wording) Civil Enforcement Ltd v McCafferty (signage intended to act as a deterrent and not a genuine offer) ParkingEyeLd v Lemon & Harris (unclear wording) Beavis (signage must be clear and prominently displayed) ParkingEye Ltd v Collins-Daniel (signs unclear, parties to contract unclear, no valid parking contract) Vine v Waltham Forest LBC EWCA Civ 106 (terms unclear)
A witness statement is simple. Not a re-write of the defence.
It needs to look a bit like this and be signed:
https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements
Do it. Now. I would have expected to see a WS put together in half an hour:
I am xxx xxxx and I am the Defendant, and I will say as follows:
- This is what happened...(brief synopsis of how the driver parked and why, not naming the driver because you don't wish to inflict the harassment on them - unless you DO decide to defend as driver - if it was you, I can't recall)
- This is why the signs weren't clear, and here's the Beavis case sign (actual print out as evidence):
http://2.bp.blogspot.com/-eYdphoIIDgE/VpbCpfSTaiI/AAAAAAAAE10/5uFjL528DgU/s640/Parking%2Bsign_001.jpg
and some photos of the Claimant's signs on site, showing that the £100 charge is buried in small print by comparison.
(include in evidence, your photos of signs if that's how you are playing this)
- This is what's omitted from their evidence, e.g. they've suggested there are more signs than are really there, or maybe they've not shown that they have landowner authority? You can certainly say that the ''witness'' is no such thing and has no knowledge of the car park site in question.
Remember you are (presumably?) at Manchester court where you need to get there early because of security/it's large, but the Judges ARE usually on your side v a PPC.
Get the WS and evidence photos in before 2pm, preferably in the morning. It shouldn't be as stressful as this, it's just what happened when, and your observations about their lack of evidence - no legalese needed.
Then breathe and enjoy the weekend! This stage is SIMPLE. A statement of truth, not a defence.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I have added couple of photos. One of the notice and one of my car.
https://www.dropbox.com/s/iwilpbearrl9cu9/Image%20Four.jpg?dl=0
https://www.dropbox.com/s/3ft411hmhxk9hjr/Image%20Six.jpg?dl=0
Include them (printed out for the court - and attached as PDFs to the email you send the other side), because it shows a car parked in line next to a bay line, not on any marked 'no parking area'.
This is all you explain in the WS, at the start, a simple ''what happened'' statement and why you are not liable, and say how surprised you were to get a PCN as the car does not appear to be in contravention and there can be no agreement on a 'parking charge' not adequately communicated on large letters (compare with the Beavis case sign - hold them up next to each other when at the hearing, and ask the Judge and the other side of they can see/agree to pay, £100?).
Your signage photo shows...no £100 parking charge. Because it's buried in small print!!
If you would feel more comfortable defending as DRIVER then do so, if that's easier for you to talk about (it may well be!).
Use your evidence and get your mojo back!
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks for all the advice.
Please see updated WS. Hope you read soon lol. Need someone's approval before I submit
https://www.dropbox.com/s/ratcl9rqr10x75a/Witness%20Statement%20Forum%20v2.docx?dl=0
It will be in Preston Court0 -
Paras 2 and 3 are the same.
In their WS which you appear to have is there a copy of their contract for the site. Could you post it up?
When you look at their WS and Issue D - they are not confident there was a contract formed. You could point that out too.
Just a couple of changes and it is good to go.
You might want to send a "drop hands" offer to the other side to avoid the issue of them paying your costs.0 -
IamEmanresu wrote: »Paras 2 and 3 are the same.
In their WS which you appear to have is there a copy of their contract for the site. Could you post it up?
When you look at their WS and Issue D - they are not confident there was a contract formed. You could point that out too.
https://www.dropbox.com/s/jck7aktkwpyh46r/Parking%20Enforcement%20Contract.pdf?dl=0
This is suppose to be their contact which I received by email but in their defence and WS they have not sent page 3. So I have stated at the end of my in my WS at the end and will mention on the day that their contract is incomplete as on page 2 they mention clause 7 which is missing from their paperwork. Obviously won't mention I have received page 3. In court eyes page 3 was never submitted.
Does the rest look OK? Is it a WS now?0
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