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Hello I was hoping someone would review my witness statement . I do not have any experience with this kind of thing at all and I am hopeless at writing statements. I am defending a parking charge for which I am the keeper but was not the driver. My wife was driving but says she made two trips and didn't not over stay the time limit on either case. she is willing to write a statement to say as much but don't know if it wise to mention if she was the driver or not. I never received the penalty charge notice they supposedly sent
many thanks
Witness Statement ===
I am X, of XXX, and I am the Defendant in this matter, and will say as follows.
Attached to this statement is a paginated bundle of documents marked ……. to which I will refer.
1. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.
2. I confirm that I am the Registered Keeper of the vehicle in question on the ……. and thereafter date.
3. The Defendant was not the driver of the vehicle. The claimant has offered nothing in the way of evidence as to the identity of the driver and if they wish to pursue the Defendant as driver rather than keeper, then they must produce strict proof.
d. In light of this, the Claimant may only pursue the defendant as keeper of the vehicle in strict adherence to the stipulations outlined by Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012).
b. It is averred that the claimant has failed to do this on numerous points
c. Furthermore, the claimant may allege that there is a reasonable presumption that the registered keeper was also the driver, allowing them to circumvent the regulations of POFA 2012. The defendant expressly denies that there is any presumption in law that the keeper is the driver. The defendant denies that the keeper is obliged to name the driver to the private parking firm. POFA 2012 makes no such requirement for a keeper to do this.
i. The claimant may seek to rely on the findings of Elliot V Loake (1982) in alleging that the keeper can be presumed to have been the driver. In this criminal case, forensic evidence was produced to a criminal standard. Therefore, the same logic can absolutely not be applied in this instance.
4. The Claimant has provided no details of the terms of their agreement with the landowners and so it can not be verified that their claim abides to the terms or that they are even authorised to issue penalty charge notices at all.
5.The Claimant has not sent the Defendant a copy of the completed questionnaire form …………. Which was ordered by the court. Instead they have sent a blank copy (ref….) This was unfair and as the Claimant is a professional company whose sole purpose it seems is to take people to court this is not a mistake they should be excused of and calls into question the credibility of the Claimant and I suggest this should in itself see the claim struck out.
6. In the Claimant reply to the defence they claim they will respond further to the defence when it receives more information (paragraph 2), however they go on to say that the defendant should not be able to expand on their defence (paragraph 6). This is double standards and completely unfair especially as the Defendant had no details of the claim at the time of the original defence and shows the Claimant does not care about getting to the truth of the matter. I therefore ask that the Claimants request to be disregarded
7. In the Claimant reply to the defence they claim in paragraph 2 they have not received a copy of the defence but in paragraph 4 they claim they believe they could have answered many of the defendants points directly without issuing the court proceedings had the defendant corresponded initially. In paragraph 6 they go on to say they have responded to the original defence from the Defendant. These are all contradictory statements and this once again calls into question the credibility of the Claimant and their whole claim.
I believe that the facts stated in this witness statement are true.
Defendant
Signed
many thanks
Witness Statement ===
I am X, of XXX, and I am the Defendant in this matter, and will say as follows.
Attached to this statement is a paginated bundle of documents marked ……. to which I will refer.
1. The facts in this statement come from my personal knowledge. Where they are not within my personal knowledge, they are true to the best of my information and belief.
2. I confirm that I am the Registered Keeper of the vehicle in question on the ……. and thereafter date.
3. The Defendant was not the driver of the vehicle. The claimant has offered nothing in the way of evidence as to the identity of the driver and if they wish to pursue the Defendant as driver rather than keeper, then they must produce strict proof.
- The claimant did not serve the Defendant with a parking charge notice as required by schedule 4 of the protection of freedoms act. The Defendant never received the letter they claimed to have sent and they have provided no evidence it was ever even sent
- (Ref ---------) shows copy of the google map timeline for the Defendants mobile phone which shows that the Defendant was not at the location at the time of the alleged incident.
- The Defendant’s Wife was in fact driving the car that day. She used the car park in the morning to go to the gym and then again later in the afternoon to visit Next. She did not stay over 3 hours on either visit or break any of the terms of parking. There are two exit points from the car park and the claimant has not specified which cameras were used in their photos or if any other were recorded that day. See witness statement ……..
d. In light of this, the Claimant may only pursue the defendant as keeper of the vehicle in strict adherence to the stipulations outlined by Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012).
b. It is averred that the claimant has failed to do this on numerous points
c. Furthermore, the claimant may allege that there is a reasonable presumption that the registered keeper was also the driver, allowing them to circumvent the regulations of POFA 2012. The defendant expressly denies that there is any presumption in law that the keeper is the driver. The defendant denies that the keeper is obliged to name the driver to the private parking firm. POFA 2012 makes no such requirement for a keeper to do this.
i. The claimant may seek to rely on the findings of Elliot V Loake (1982) in alleging that the keeper can be presumed to have been the driver. In this criminal case, forensic evidence was produced to a criminal standard. Therefore, the same logic can absolutely not be applied in this instance.
4. The Claimant has provided no details of the terms of their agreement with the landowners and so it can not be verified that their claim abides to the terms or that they are even authorised to issue penalty charge notices at all.
5.The Claimant has not sent the Defendant a copy of the completed questionnaire form …………. Which was ordered by the court. Instead they have sent a blank copy (ref….) This was unfair and as the Claimant is a professional company whose sole purpose it seems is to take people to court this is not a mistake they should be excused of and calls into question the credibility of the Claimant and I suggest this should in itself see the claim struck out.
6. In the Claimant reply to the defence they claim they will respond further to the defence when it receives more information (paragraph 2), however they go on to say that the defendant should not be able to expand on their defence (paragraph 6). This is double standards and completely unfair especially as the Defendant had no details of the claim at the time of the original defence and shows the Claimant does not care about getting to the truth of the matter. I therefore ask that the Claimants request to be disregarded
7. In the Claimant reply to the defence they claim in paragraph 2 they have not received a copy of the defence but in paragraph 4 they claim they believe they could have answered many of the defendants points directly without issuing the court proceedings had the defendant corresponded initially. In paragraph 6 they go on to say they have responded to the original defence from the Defendant. These are all contradictory statements and this once again calls into question the credibility of the Claimant and their whole claim.
I believe that the facts stated in this witness statement are true.
Defendant
Signed
