Witness Statement due

System · 11 October 2018 at 6:49AM

There was the fact that the car was booked within 5 minutes of being parked

That may be relevant if you left immediately after but no good if the car stayed.

A Witness Statement is just a narrative or a story about what happened that day from your viewpoint. If you were the driver and want to admit to being the driver, you can describe the poor signs / lack of warning etc.

If you were not the driver, you just say what the driver claims or what you have discovered since. All with evidence as a judge won't take what you say on face value unless you can back it up.

Just take the facts from the earlier defence and add to them. As Bargepole has pointed out the earlier defence is "factless" apart from confirming you are the RK

rainday81 · 12 October 2018 at 12:41PM

Below is an account of what actually happened on the night, please advise whether I have something to defend here or whether I should cut my losses.

In this case I was the driver, I was visiting some friends who had moved into the area.

I drove into the estate and missed the sign at the entrance due to the entrance being off a main road roundabout, so you're automatically looking in the opposite direction for cars. I've subsequently visited the site and the entrance signs were very not prominent at all, especially at night.

Not finding any parking space, I parked behind my friend's car that I recognised and went inside to enquire about parking. I must have been only a few minutes, I was given a visitor permit to display in car and told where to park, I returned to my car being ticketed. I spoke to the attendant and protested that I only parked for a few minutes and was going to move it to be told that "you can leave it parked here now".

I subsequently looked at the signs around the place and they were either broken, bent or obscured; explaining why I would have missed them on the way in. I have images of these signs, but not sure that's enough of a defence in this case.

I have received the claimants witness statement, will I be OK posting it on here if I obscure my name and case number?

System · 12 October 2018 at 2:55PM

I drove into the estate and missed the sign at the entrance due to the entrance being off a main road roundabout, so you're automatically looking in the opposite direction for cars. I've subsequently visited the site and the entrance signs were very not prominent at all, especially at night.

Not finding any parking space, I parked behind my friend's car that I recognised and went inside to enquire about parking. I must have been only a few minutes, I was given a visitor permit to display in car and told where to park, I returned to my car being ticketed. I spoke to the attendant and protested that I only parked for a few minutes and was going to move it to be told that "you can leave it parked here now".

I subsequently looked at the signs around the place and they were either broken, bent or obscured; explaining why I would have missed them on the way in. I have images of these signs, but not sure that's enough of a defence in this case.

I have received the claimants witness statement, will I be OK posting it on here if I obscure my name and case number?

Tell it as it is above.

The issues highlighted are

1. Entrance signs are too small and unlit
2. You were not a trespasser as you were given a permit
3. You have the defence of estoppel in that you were told "you can leave it parked here now".
4. If the person telling you to park was also the person that ticketed you, you have the opportunity for additional costs for predatory practices - if it can be proven on the balance of probabilities.

Items 1 - 4 should be in a Skeleton and not a WS which as was mentioned before is just a narrative of the points you will be defending on.

And yes, their WS would be useful for the Skeleton stage. Get your WS in on time.

rainday81 · 13 October 2018 at 12:14AM

In follow up the advice I have received, for which I am very grateful, I have revised my witness statement to try to stick to the facts. Again, any advice is will be immensely appreciated;

Claim no:

I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.
In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. I drove into the estate and missed the sign at the entrance due to the entrance being off a main road roundabout, so you're automatically looking in the opposite direction for cars. I've subsequently visited the site and seen that you have a few metres from the give way of the roundabout to turn right into the entrance giving the driver little opportunity to see the entrance sign. Exhibit 1

2. Not finding any parking space, I parked behind my friend's car which I recognised and went inside to enquire about parking. I must have been only a few minutes, I was given a visitor permit to display in car and told where to park, I returned to my car being ticketed. I spoke to the attendant and protested that I only parked for a few minutes and was going to move it to be told that "you can leave it parked here now".

3. I subsequently looked at the signs around the place and some were either broken, bent or obscured. I have attached the images of these signs. The one closest to my car was Exhibit (2) and this was flapping

4. After learning that this ticket is in fact issue by a private parking company and not the council, as was my initial assumption from the affixed ticket which closely resembles a council penalty charge, I sought to enquire about the authority this company has in affixing parking charges in such a predatory manner.

5. I emailed PP&M on Monday May 8th 2017, email attached (Exhibit 3), requesting any documentation and relevant contracts with the land owners that allow the claimant to issue claims upon the landowner’s behalf. My request was denied.

6. Tuesday May 23rd 2017, I followed the appeal process and appealed to the IAS supplying photographic evidence of broken sign and failure to supply contract with landowner. (Exhibit 4 – Broken sign photo attached)

7. I received various threatening and intimidating letters from Gladstone Solicitors, demanding various amounts of money, threatening court action.

8. August 2017 – received letter before claim from Gladstone Solicitors. The letter was not compliant with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct (Exhibit 6 – Copy of LBC)

9. In reply, I sent an email to Gladstone solicitors requesting a Letter Before Claim which complied with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct (Exhibit 7 – Copy of email sent)

10. November 2017 – received an identical Letter Before Claim from Gladstone Solicitors, again not compliant with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct (Exhibit 8- Copy of second LBC)

11. In Reply to second Letter Before Claim, I sent another email pointing out the deficiencies in the letter before claim and again requesting a compliant LBC (Exhibit 9 – Copy of Email)

12. 10/05/18: I received a Claim Form from Northampton CCBC, without ever having received a 'Letter Before Claim' that was compliant with Court Pre-Action Conduct.

I believe that the facts stated in this Witness Statement are true.

rainday81 · 14 October 2018 at 6:44PM

Anyone? I really need to get this out tomorrow so would appreciate a once over.

System · 15 October 2018 at 5:31AM

We can't once over facts that only you know about. Send it in together with any evidence you have to back it up.

What we can do is when their Witness Statement comes, is to compare what they say with what you have said happened. And what you say is pretty close to the normal parking company entrapment.

So don't miss the deadline and come back if/when they send theirs for a check. It will come down to who the judge believes on the day.

rainday81 · 15 October 2018 at 9:37AM

Hi Guys please find the claimants witness statement below. I've covered personal details. Please let me know if there's anything I need to include in my witness statement in light of their's.

drive.google.com/open?id=1XQHeWIY5W1evfoTZwSW5MaEsbiy3hMwN

System · 15 October 2018 at 9:49AM

The main issue will be a statement or confirmation that you were given a permit.

Since you say you knew to get a permit, then there is the inference you knew about the restrictions.

However the key issue will be the time stamped pics which are 2 minutes apart. You can also ask the court to draw adverse inference from the fact the actual warden is not there to explain the issue as you have stated.

rainday81 · 15 October 2018 at 11:17AM

I only came to know about the permit when I went upstairs to my friend’s flat and was informed I needed a permit. I can get a statement from my friend to this effect if that helps.

System · 15 October 2018 at 11:29AM

As it fits a narrative then do that. And point out the pics of the car "offending" are only 2 minutes and in the dark. And point out that the other pics supplied are irrelevant as they are in the light and show the signs not to be illuminated.

Witness Statement due

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