1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

Is claxtome's Court St Helen's like yours was? Just checking.

Jolly good. It would seem they are doomed...!

Got a suggestion to make this much shorter and easier. Can she just do a very short statement exhibiting her statement in her own case and making reference to the relevant paragraphs where she explains the lack of signage/the later addition of the rubble making it impossible to pass to and from the two parts of the carpark?
I am (name) of (address) a witness in this claim. The facts in this statement come from my personal knowledge and recent experience in court.


Something like this:


I [name] of [address] will say as follows:


1. On [date] a claim against me by the same Claimant and relating to the same car park as in this case was heard by DJ [name] in this court ("my case"). The case number was [xxx].


2. I defended my case on the basis that the Claimant's signage was inadequate and there was, in particular, no signage or barrier to indicate to drivers parking there that one part of the car park was council controlled, and the other was controlled by the Claimant, and that each was subject to different terms and conditions. The lack of any demarcating feature or barrier was later remedied after I had received a PCN from the Claimant, when a line of rubble was placed along the boundary separating the two parts of the car park and preventing vehicles from moving freely between them.


3. I understand from the Defendant in this case that he relies on very same defences and factual matters.


4. Exhibited hereto marked [initials xx1] is the witness statement I filed in my case. I draw the court's attention to paragraphs [xxxxx] of my Statement which provide detailed information about the matters set out in paragraph 2 above.


5. I attended court for the hearing on [date] and the Claimant was able (and did) challenge my defence and my evidence. Having listened to all arguments, the court accepted my evidence and dismissed the claim.


I believe that the facts stated in this witness statement are true.

Signed
Dated




I'd send this asap to the Claimant, not just with your drop hands offer (because you need to send it on an "open" basis, not just "without prejudice"). Say you realise it is being served late, but there is still x days until the hearing and it contains nothing new, because they will already be fully aware of its contents since it was served on them [x] weeks ago by the other Claimant, and their representative was present in court on [date of hearing].


I've put in the bit about the other poster being present in court and her evidence being accepted in the hope that the DJ won't disregard it if she can't come to give evidence. ie her evidence has already been "tested" by the Claimant in court and the court has already accepted it as true. If a witness doesn't turn up, court has the discretion to attach as much weight as it likes to the evidence, so you rely on this to say it should attach weight to it and not disregard it.