No, I have not moved. Yes, I am aware that it is almost Statute Barred. I`m just surprised that they have suddenly sent this letter. Surely they know that it is pre-POFA? Chris

No, just the usual lame letter they send out.

They have `kindly` given me until 2nd April to respond before they retract their `offer`. Ill wait until the end of March and let them know about POFA. Maybe it will string along until 6 years is up on 23rd June ;-) Thanks for your prompt response. Chris

I have received a letter from B W Legal, stating that it is a `Discount Offer` to settle a PCN which they state has not been resolved. Their letter is in the usual format. Interestingly, they state that the contravention was dated 23rd June 2012, which I understand pre-dates the official inception date of POFA. I do not have any memory of this alleged event as the car was only in my name for insurance purposes and belonged to my son. As this pre-dates POFA, am I right to assume that if I state that I have no knowledge of the driver, especially after 6 years, they cannot enforce this?

Please find the Witness Statement from B W Legal attched. Excel v Arnfield witness statement.pdf

I have today received by email, the witness statement from B W Legal. It is too long to post here. Is there any way I can post a link so that you can take a look?

Well B W Legal are running out of time to submit their witness statement. It has to be sent to me and the court by 27th December and still no sign. However, this morning, my brother took a call from some young lady from B W Legal asking to speak to me about the court case. He was smart enough not to engage in any conversation, but what are they playing at? It is almost as though their staff are not aware that they are involved in a court case!! I will not be returning their call needless to say. I cannot believe how stupid they are. Chris Right, well I now know what they are up to. A letter has arrived this morning making me an offer to pay `only` £165! Evidently, their legal `experts` think my defence will not succeed! Personally, I think this is a desperate measure. If they are so confident, why dont they just file their witness statement and go to court for the full amount? Chris

Please will you look at my post #99 outlining my witness statement. I have done as you suggested and spent all today trawling through the Parking Prankster website, plus the Money Saving Expert. I have included the latest Excell court case losses. I will need to get it sent off tomorrow. Any fine tuning would be appreciated. Regards Chris

I have spenjt the last couple of days trawing through the Parking Pranksters website along with Money Saving Expert. This is my witness statement:- WITNESS STATEMENT __________________________ 1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there are true to the best of my information and belief 2. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed. 3. I assert that I am the registered keeper of the vehicle in question in this case. I was not the driver. I have only driven this vehicle on 2 occasions, never to this retail park. 4. Excel issued a NtK that they claimed was compliant with POFA, including the warning that if, 28 days after the issue of the notice, the sum was not paid or the driver notified to Excel, they would invoke keeper liability. In a recent case at Stockport CC in Excel v Mr C C8DP37F1 Stockport 31/10/2016 the judge made a finding of fact that the Excel wording does not comply with the mandatory requirements of POFA to invoke keeper liability. As Excel did not adduce evidence of the driver, and as Elliott v Loake is not persuasive and can be distinguished, the claim was dismissed. 5. I also point out to the presiding Judge that the Claimant has not supplied any evidence at all that the alleged contraventions even occurred. ANPR camera photos merely show a vehicle arriving and leaving. All vehicles will have been recorded thus (assuming their VRNs were captured). All vehicles, including those whose drivers paid and displayed. 6. In order to demonstrate that the driver(s) on these occasions failed to pay & display, the Claimant should have evidenced that, of course. Where are the photos of the dashboard showing no P&D ticket displayed? Failing that, as this is an ANPR site, where are the system records showing no payment made on these days? They have not even supplied lists of the VRNs input by drivers on those days, e.g. showing a mismatched payment, wrong VRN or no entry at all that corresponds with this vehicle. 7. There is a well-known history of the parking ticket machines at the Peel Centre failing to record a VRN and this has been recorded in two recent cases. One mentioned above, at Stockport CC in Excel v Mr C C8DP37F1 Stockport 31/10/2016. The other being Excel Parking v Mrs S. C8DP11F9 on 09/09/2016 at Oldham CC. In this case the defendant purchased a ticket, but the machine was faulty and did not print her VRN correctly. T he judge ruled in favour of the defendant on the balance of probabilities that she bought her ticket and entered the VRN correctly, only for the machine to erroneously mis-print it. T he case was dismissed. 8. The driver maintains that a ticket was bought and displayed on the vehicle during the stay at the car park, however, as this was the first use of a newly acquired vehicle, the VRN may have been incorrectly entered, albeit still a valid VRN. As stated in point 6. Above, no pictures of the vehicle without a valid ticket have been produced by the claimant. There are no system records showing no payment made, nor has there been any lists of VRNs input by drivers on that day, e.g. showing a mismatched payment, wrong VRN or no entry at all that corresponds with this vehicle. 9. The NTk was dated and sent out on 06/07/2015, almost 5 months after the alleged contravention, thereby NOT complying with POFA paragraph 9 sub (5). There is no cause for action against the defendant as there is no keeper liability inder the POFA as the claimant failed to follow the protocols of the act to create one. 10. The claimant`s Particulars of Claim states that the PCN was issued on 10/02/2015 which is incorrect. It was issued on 06/07/2015 as stated on their own PCN letter. 11. The claimants have failed to respond to my CPR 31:14 request made on 10/08/2016 by Royal Mail recorded delivery postal service requesting any documentation or relevant contracts with the land owners that allow the claimant to issue claims upon the landowners’ behalf. The Court is invited to dismiss this Claim, and to allow my wasted costs which will be submitted separately and in a timely manner, depending upon whether a hearing takes place. I firmly believe that to pursue me as registered keeper when the Claimant admits they have no such right, and to submit such incoherent particulars and lacking ‘evidence’ is wholly unreasonable and vexatious. The contents of my statement are true to the best of my knowledge and belief. I will need to get this sent off tomorrow to comply with the dates set by the court, so any helpful comments would be appreciated. Regards Chris For some reason the formatting has been fragmented. There are actually spaces between each paragraph.

OK I have read that and i replied with Post 87, which sets out my case. Am I right to assume that is my witness statement? Chris

To be clear, what should I be stating in my witness statement? Unfortunately, I am getting conflicting advice from different people. Regards Chris

Thanks for your prompt response. They are required to pay by 3rd January 2017. I am required to submit some sort of witness statement by 27th December. I do not have any witness statement to make, the defence says it all. Chris

Juust noticed that the court require any written witness statement, including my own, by 27th December, and to be served on the opponent. Does that mean my defnce has to be laid out and sent? Also, regarding the date of which the original Parking Charge Notice was received, being 5 months after the date of the alleged contravention, surely they only have 30 days maximum to send this according to the CPR rules?

I meant Parking Charge Notice.

The main points of my defence are as folows:- 1/ My daughter, who is also my carer, was using the car for the first time since I bought it. She uses the Peel Centre car park 3/4 times a week and always gets a ticket which I refund as part of her carers allowance. 2/ The car was new to her and she thinks she might have put in an incorrect registration number when purchasing her ticket. 3/ Excell Parking did not send the Penalty notice to me until 5 months after the event. The rules state 14 days after the alleged contravention, the Notice to Keeper must be sent. The scrict protocols of Schedule 4 of the POFA 2012 have not been met. There is no cause for action against the defendant as there is no keeper liability inder the POFA as the claimant failed to follow the protocols of the act to create one. 4/ Because of the delay in sending the Penalty notice, any ticket would have been thrown away long since. 5/ Their evidence relies solely on an entry and exit photograph. There is no photograph of the vehicle without a ticket being displayed. The claim is that no ticket was purchased and displayed in the prescribed manner. This is denied and the claimant has offered no evidence that any action by the driver at the time has lead to a breach of this purported condition in the contract supposedly offered and accepted at the time. In any case, the driver paid the prescribed fee so no loss caused to the claimant and no other cause for action as there was no breach of contract. 6/ The claimants solicitors have failed to respond to my CPR 31:14 request made on 10/08/2016 by royalmail recorded delivery postal service requesting any documentation or relevant contracts with the land owners that allow the claimant to issue claims upon the landowners behalf. The main thrust of my defence is that their PCN was out of date when they sent it and thereby did not comply with POFA protocols. That a ticket was purchased but the registration details may have been incorrectly used. There is no evidence(photograph of vehicle with no ticket on dashboard) other than merley entry/exit photographs of the vehicle. Non-compliance with my CPR 31:14 request. Any additional comments? Regards Chris