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#Post#: 116552--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: April 21, 2026, 7:25 am
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Good shout. Have submitted this morning as follows:
--- Quote ---
>
> WITNESS STATEMENT
>
> I, -- of --, will say as follows:
>
> 1. I am the Defendant in these proceedings. The facts in this
statement are within my own knowledge save where otherwise
stated, in which case I identify the source of my information or
belief. I believe them to be true.
>
> THE VEHICLE
> 2. At all material times, the vehicle registration --- — a
Suzuki Swace Ultra Hybrid — was supplied to me under a company
car scheme made available through a friends-and-family
arrangement operated in connection with a friend’s employer.
Under that arrangement the vehicle was supplied, insured and
registered by the scheme’s finance or leasing company.
>
> 3. To the best of my knowledge and belief, the registered
keeper of the vehicle on 1 April 2024, as recorded on the V5C
registration document issued by the DVLA, was the finance or
leasing company that supplied the vehicle under the scheme. I
was not the registered keeper.
>
> THE ALLEGED EVENT
> 4. I have no recollection of the event alleged by the Claimant
— a parking contravention said to have occurred at Arena
Shopping Park, Coventry, on 1 April 2024.
>
> 5. I do not admit that I was the driver of the vehicle at the
time and place alleged.
>
> NOTICES
> 6. I have no recollection of receiving any Notice to Driver,
Notice to Keeper or Notice to Hirer from the Claimant in respect
of this matter. The Claimant has not disclosed any such notice
in these proceedings.
>
> THE CLAIM
>
> 7. The only statement of the Claimant’s case served on me is
the short summary set out in the N1SDT claim form. No separate
particulars of claim — whether pleaded as a standalone document
or appended to the claim form — have been served.
>
> 8. The Claimant’s pleaded case, as set out in the claim form,
alleges a contractual breach by the driver of the vehicle. The
Claimant has not stated the capacity in which I am pursued —
whether as driver, registered keeper or hirer — and has not
pleaded any basis on which the driver’s alleged liability is
said to attach to me.
>
> 9. At the date and time of this witness statement, the
Claimant has not yet served its evidence in these proceedings
pursuant to the directions made in the Notice of Allocation
dated 25 March 2026.
>
> 10. Despite pre-action correspondence conducted by the
Claimant’s solicitors and the subsequent issue of proceedings,
prior to the date of this witness statement the Claimant has at
no stage provided me with:
> (a) a copy of the contract or the signage terms said to have
been in force at the site on 1 April 2024;
> (b) photographs of the signage;
> (c) a site plan of the car park;
> (d) any Notice to Keeper or Notice to Hirer; or
> (e) any evidence as to the identity of the driver of the
vehicle at the material time.
>
> DEFENCE
> 11. I rely on the matters set out in my Defence, namely that
the Particulars of Claim do not adequately comply with CPR 16.4.
>
> STATEMENT OF TRUTH
> 12. I believe that the facts stated in this witness statement
are true. I understand that proceedings for contempt of court
may be brought against anyone who makes, or causes to be made, a
false statement in a document verified by a statement of truth
without an honest belief in its truth.
>
>
--- End Quote ---
#Post#: 116565--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: G6PRK
Date: April 21, 2026, 8:46 am
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Would you believe it - not an hour after I hit send on my
witness statement, their pack has dropped through the letterbox
with all of the detail.
It turns out they did originally send the PCN to the company car
scheme, who named me as the hirer.
They did then send me a copy of the PCN, which I appealed with
generic MSE template, not naming the driver. I still don't think
they properly met the POFA requirements for transition of
responsibility to the hirer, but I need to check that.
I'll post the docs once I've been able to scan and redact them.
But to start, does anyone have any advice on where to go from
here?
Do I:
1. Submit a supplementary/amended witness statement and/or
defence? Can I even do that? Presumably I would need to ask the
court for permission in the circumstances?
OR
2. Wait until nearer the court date and submit a skeleton
argument instead that covers the extra detail that I didn't have
before?
#Post#: 116566--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: jfollows
Date: April 21, 2026, 9:16 am
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I found
(
HTML https://ca.practicallaw.thomsonreuters.com/a-007-7933?transitionType=Default&contextData=(sc.Default)&firstPage=true)
--- Quote ---
> A supplemental witness statement should normally be served
where the witness proposes materially to add to, alter, correct
or retract from what is in his original statement. Permission
will be required for the service of a supplemental statement.
Such application should be made at the pre-trial review or, if
there is no pre-trial review, as early as possible before the
start of the trial. If application is made at any later stage,
the applicant must provide compelling evidence explaining its
delay in adducing such evidence."
--- End Quote ---
This from 2013, however.
#Post#: 116612--------------------------------------------------
Re: Premier Park (BW Legal) - Arena Shopping Park Coventry -
Court Hearing Set
DIR By: DWMB2
Date: April 21, 2026, 1:11 pm
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I realise this is the benefit of hindsight, but it is generally
wise to wait until the very last day to submit your witness
statement, if you have not received the other side's.
There's often a fair bit of leeway given in small claims as many
judges recognise that litigants in person are less likely to be
au fait with procedure. You're still within the deadline for
submissions, so you could just submit a supplementary statement
clarifying your position and see what happens.
You were sensible in your wording insofar as you said you didn't
recall receiving a notice, which is different to alleging that
you definitely did not. That said, it would be wise to try and
submit something to clarify your position, now it has become
apparent that not only was a notice issued, you also responded
to it by way of an appeal.
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