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Sorry, but that reads more as a defence than a WS.
A WS is basically a narrative about the events from your view point. It should not include legal arguments.
the witness statement will be a chronology of facts leading up to the present although you do not need to include every bit of detail, just the key facts.
As an example for you here's the start of an anonymised witness statement that was about a double parking incident
I, xxxxx of xxxxx, a nursery nurse, state the
following.
1. On Saturday 19th January 2013 and Saturday 2ndFebruary 2013 I was shopping in xxxxx. I know this as it is my habitual practice to shop on Saturday.
2. I did shop at Iceland at lxxxxx Retail Parc on both days, as per my normal habit. I retained the
receipt (exhibit ) for 2nd February 2013, but do not have the receipt for 19th January 2013.
3. I drove a car registered to myself, xxxx xxx,
4. I normally park just off xxxxx Road, xxxxx
5. I received an invoice (Parking Charge Notice No: 12121212121) dated 24th January 2013
(exhibit ) relating to the parking event of 19th January 2013 which among other things states that the car park is manage by the claimant and that the claimant is "the creditor"
6. I responded by letter on 31st January 2013 (exhibit )indicating the claimant was not complying
with the implied terms of any alleged contract as the demand did not follow the BPA AOS code
of Practice (exhibit )
7. The claimant replied 5th February 2013 (exhibit )requesting “valid evidence” that “the terms
and conditions stipulated on the signage” had not been broken by the motorist.
8. On 11th February I requested reissuing of the invoice correctly, or a PoPLA appeal reference
11. On 26th March 2013 the claimant again requested payment,but included a POPLA appeal form
and reference.(exhibit ). The information on that form re“Grounds of appeal” I have
subsequently discovered is deficient in that there are additional grounds on which an appeal
may be lodged.
14. I received a letter dated 15th August 2013 from the claimant stamped “LETTER BEFORE
ACTION”, demanding payment.
15. I responded on 23rd August by letter (exhibit )pointing out that the claimant's letter did not
comply with PRACTICE DIRECTION PREACTION conduct in certain specific areas, and
also requesting certain further information.
16. The claimant issued a letter (exhibit ) dated 3rdSeptember 2013 headed “LETTER BEFORE
COUNTY COURT CLAIM”
17. I responded by letter (exhibit ) dated 6th September pointing out that the claimant's letter 3rd
September was almost identical to that of 15th August(and so not compliant with preaction
protocol), and enclosed a copy of my letter 23rd August.
18. On 7th February 2013 the claimant issued an invoice numbered 2323232323 (exhibit ),
followed by a reminder (exhibit ) on 16th February 2013. This latter document was received by
the defendant on 7th March 2013.
19. A further demand 17th March 2013 (exhibit )was received on or about 20th March
20. I responded by letter (exhibit ) 21st March 2013 advising that as the claimant had not
addressed my concerns and further demands for payment would be considered harassment and
costs would be applied for.
21. The claimant replied on 26th March 2013(exhibit )requesting “valid evidence” that “the terms
conditions stipulated on the signage” had not been broken by the motorist.
22. I responded 5th April 2013 stating my queries had not been answered.(exhibit )
23. Claimant sent template letter (exhibit ) dated 11thApril which did not answer my questions but
gave a POPLA code.
24. POPLA appeal refused 26th July 2013(exhibit )
etc etc
A WS is basically a narrative about the events from your view point. It should not include legal arguments.
the witness statement will be a chronology of facts leading up to the present although you do not need to include every bit of detail, just the key facts.
As an example for you here's the start of an anonymised witness statement that was about a double parking incident
I, xxxxx of xxxxx, a nursery nurse, state the
following.
1. On Saturday 19th January 2013 and Saturday 2ndFebruary 2013 I was shopping in xxxxx. I know this as it is my habitual practice to shop on Saturday.
2. I did shop at Iceland at lxxxxx Retail Parc on both days, as per my normal habit. I retained the
receipt (exhibit ) for 2nd February 2013, but do not have the receipt for 19th January 2013.
3. I drove a car registered to myself, xxxx xxx,
4. I normally park just off xxxxx Road, xxxxx
5. I received an invoice (Parking Charge Notice No: 12121212121) dated 24th January 2013
(exhibit ) relating to the parking event of 19th January 2013 which among other things states that the car park is manage by the claimant and that the claimant is "the creditor"
6. I responded by letter on 31st January 2013 (exhibit )indicating the claimant was not complying
with the implied terms of any alleged contract as the demand did not follow the BPA AOS code
of Practice (exhibit )
7. The claimant replied 5th February 2013 (exhibit )requesting “valid evidence” that “the terms
and conditions stipulated on the signage” had not been broken by the motorist.
8. On 11th February I requested reissuing of the invoice correctly, or a PoPLA appeal reference
11. On 26th March 2013 the claimant again requested payment,but included a POPLA appeal form
and reference.(exhibit ). The information on that form re“Grounds of appeal” I have
subsequently discovered is deficient in that there are additional grounds on which an appeal
may be lodged.
14. I received a letter dated 15th August 2013 from the claimant stamped “LETTER BEFORE
ACTION”, demanding payment.
15. I responded on 23rd August by letter (exhibit )pointing out that the claimant's letter did not
comply with PRACTICE DIRECTION PREACTION conduct in certain specific areas, and
also requesting certain further information.
16. The claimant issued a letter (exhibit ) dated 3rdSeptember 2013 headed “LETTER BEFORE
COUNTY COURT CLAIM”
17. I responded by letter (exhibit ) dated 6th September pointing out that the claimant's letter 3rd
September was almost identical to that of 15th August(and so not compliant with preaction
protocol), and enclosed a copy of my letter 23rd August.
18. On 7th February 2013 the claimant issued an invoice numbered 2323232323 (exhibit ),
followed by a reminder (exhibit ) on 16th February 2013. This latter document was received by
the defendant on 7th March 2013.
19. A further demand 17th March 2013 (exhibit )was received on or about 20th March
20. I responded by letter (exhibit ) 21st March 2013 advising that as the claimant had not
addressed my concerns and further demands for payment would be considered harassment and
costs would be applied for.
21. The claimant replied on 26th March 2013(exhibit )requesting “valid evidence” that “the terms
conditions stipulated on the signage” had not been broken by the motorist.
22. I responded 5th April 2013 stating my queries had not been answered.(exhibit )
23. Claimant sent template letter (exhibit ) dated 11thApril which did not answer my questions but
gave a POPLA code.
24. POPLA appeal refused 26th July 2013(exhibit )
etc etc
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