Witness statement framework for defended small claims

For defended small claims hearings, a well-drafted witness statement (CPR 32 / PD 32) is decisive. Required elements: (1) numbered paragraphs; (2) statement of truth (PD 22); (3) sources of information specified (CPR 32.8 / PD 32 para 18.2); (4) exhibits separately bound and labelled (e.g., Exhibit AS1); (5) chronology of facts; (6) deal with each element of the claimant's case directly. For parking matters, key headings: identity of driver (or non-identification under PoFA), signage adequacy, NTK service compliance, ANPR data integrity, mitigation/grace period, GDPR breach, Beavis distinguishment, CRA unfairness. Court will weigh witness evidence; a poor witness statement loses winnable cases.

Legal basis

CPR 32; PD 32 (Practice Direction — Witness Statements); PD 22 (Statement of Truth)

How to identify this in your case

Defended small claim heading to hearing; you must serve and file witness evidence in accordance with directions order.

Sample appeal wording

IN THE COUNTY COURT AT [TOWN] Claim No: [NUMBER] BETWEEN: [OPERATOR] Claimant - and - [DEFENDANT] Defendant FIRST WITNESS STATEMENT OF [DEFENDANT NAME] I, [NAME], of [ADDRESS], [OCCUPATION], state as follows: 1. I am the Defendant in this claim. I make this statement from my own knowledge save where otherwise stated, in which case I identify the source. I am authorised to make this statement. 2. Background. I am [the keeper / driver / former keeper] of vehicle [REG]. The Claimant alleges I owe £[AMOUNT] arising from parking on [DATE] at [LOCATION]. I deny the claim. 3. Identity / driver. [Either: 'I was not the driver. I do not identify the driver. The Claimant must establish keeper liability under PoFA 2012 Schedule 4.' OR: 'I was the driver and the facts were as follows: ...'] 4. Signage. I attach as Exhibit AS1 photographs of the signage at the entrance to [LOCATION] taken on [DATE]. The signs are [describe size, height, lighting, font, location]. They are not prominent and a driver would not become aware of the £[AMOUNT] charge before the ANPR camera read the plate. 5. NTK compliance. The NTK is at Exhibit AS2. It [does not specify the period of parking with reasonable particularity (PoFA Sch 4 para 9(2)(b)) / was given more than 14 days after the event (para 9(4)(a)) / does not contain the prescribed warning in para 9(2)(f)]. I had no notice within the statutory window. 6. ANPR data. By SAR dated [DATE] (Exhibit AS3) I requested calibration and timestamp records. The Claimant's response (or lack thereof) is at Exhibit AS4. The ANPR evidence is unreliable for the reasons in paragraphs 6.1-6.4. 7. Beavis. Beavis [2015] UKSC 67 is distinguishable: [particulars]. 8. CRA 2015. The charge is unfair under section 62 / Schedule 2 paragraph 6: [particulars]. 9. PAP for Debt Claims. The Claimant did not comply with the Pre-Action Protocol: [particulars]. 10. Conclusion. For these reasons I respectfully ask the court to dismiss the claim with costs on the indemnity basis. Statement of Truth 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. Signed: ............................ Name: [NAME] Dated: [DATE] Exhibits AS1-AS[N] served separately.

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

CPR 32; PD 32; PD 22