How to Prepare a Parking Court Witness Statement

CPR 32.4 defines a witness statement as a signed written statement containing the evidence that person would be allowed to give orally. If the witness gives evidence at trial, the statement normally stands as their evidence in chief.

The court's Notice of Allocation or hearing order states whether the statement must be filed with the court, served on the claimant, or both. It also sets the deadline. The actual order takes priority over a general timetable.

A witness whose statement was not served within the time specified by the court may be prevented from giving oral evidence unless the court gives permission.

Read every paragraph of the allocation and hearing order before drafting. Record:

• the hearing date, time, venue or video instructions;
• the witness statement deadline;
• whether documents must be filed, served or both;
• page, bundle or formatting requirements;
• the hearing fee requirement, if any;
• any limit on statement length or evidence; and
• any special direction dealing with the issues in dispute.

CPR Part 27 contains the small claims procedure and standard directions, but the court can make different directions in the individual case. Work backwards from the live deadline and allow time for the customer to verify the statement and serve it correctly.

Practice Direction 32 says a witness statement should use the witness's own words, be written in the first person and normally follow the chronological sequence of events.

A parking claim chronology may cover:

1. why the vehicle entered or parked at the location;
2. what the driver saw and understood from the signs;
3. payment, permit, registration or authorised-use actions;
4. any disability or other relevant circumstances;
5. the first Parking Charge notice received;
6. appeal and complaint correspondence;
7. debt recovery and pre-action correspondence;
8. service of the County Court Claim; and
9. later disclosure or conduct relevant to the disputed issues.

Use numbered paragraphs and deal with one factual point at a time. Do not turn the statement into copied legal argument or include facts the witness cannot honestly confirm.

An exhibit is a document or image referred to by the witness statement and kept separate from it. The statement should identify each exhibit clearly when the evidence is discussed.

Typical parking exhibits include:

• the Notice to Driver, Notice to Keeper or hire documents;
• photographs of the entrance, signs, bay or payment machine;
• a parking receipt, permit, bank record or registration confirmation;
• maps or site plans disclosed by the claimant;
• the appeal, rejection and complaint record;
• the Letter Before Claim and response;
• the Claim Form, Particulars and filed Defence;
• correspondence about landowner authority or added sums; and
• documents supporting an Equality Act issue.

Every exhibit should help prove a disputed fact. Avoid adding repeated pages or irrelevant material simply to make the bundle larger.

The claimant will normally serve its own witness statement and exhibits. Compare them against the Defence and defendant's documents.

Check whether the claimant has proved:

• the contractual words and prominence of the signs in place on the event date;
• the alleged breach and vehicle record;
• the legal basis for pursuing the named defendant;
• compliance with any keeper or hirer liability relied upon;
• authority from the landholder to issue charges and litigate;
• the amount of the original Parking Charge;
• the contractual and procedural basis for every added sum; and
• an answer to material facts already raised in the Defence.

Identify inconsistencies precisely by paragraph and exhibit page. The defendant's witness statement should support the Defence, not introduce a completely different case after seeing the claimant's evidence.

Practice Direction 32 requires the proceedings title, party details, witness identity, statement number, exhibit references and date. The body should state the witness's full name, relevant address or occupation information, their connection to the proceedings and how the statement was prepared.

The statement must distinguish facts from the witness's own knowledge from matters of information or belief, and identify the source of information or belief. It should use numbered pages and paragraphs and refer clearly to each document.

The statement ends with the current statement of truth and the witness's signature and date. A false statement verified without an honest belief in its truth can lead to contempt proceedings under CPR 32.14.

Follow the hearing order exactly. If it requires filing and service, send the signed statement and exhibits to both the court and the claimant or solicitor by the stated deadline.

Use the claim number in the email subject or covering letter. Keep the documents in the same order and pagination for every recipient. Retain proof of email delivery, online filing or posting.

Do not assume the court will forward the witness statement to the claimant. Do not send an unsigned version where a signed statement of truth is required. If the order limits file size or specifies a digital bundle method, comply with those instructions.

Review the claimant's served evidence and prepare a short list of the issues the judge must decide. Record missing documents, internal contradictions and points conceded by the claimant.

The defendant should read their own statement aloud and be ready to answer questions about it. The statement normally stands as evidence in chief, and the witness may be questioned on what it says.

Prepare for the parking court hearing using the same paginated bundle. If the claimant discontinues or the parties settle, retain the formal notice or written settlement and tell the court where required.

Convert the Defence and witness evidence into a short list of questions for the judge. For each question, record the relevant Defence paragraph, witness statement paragraph and bundle page.

Read the claimant's statement again before the hearing and mark the documents needed to answer its principal allegations. The customer should also read their own signed statement because it normally stands as their evidence in chief and can be tested through questions at the hearing.

Use the parking court hearing guide to prepare the issue list, hearing notes and practical attendance arrangements from the court order.