Mr Duff needs help for judicial review

Mr Duff is seeking witness statements from individuals for his upcoming Judicial Review. If anyone wishes to assist him here is a draft you may like to personalise by inserting the relevant information into the red sections and deleting any sections which do not apply. Just check your paperwork and if Mr Duff

1. Sent you a charge notice more than 14 days after the alleged parking event

2. Did not serve you with a valid Notice to Driver

3. Claimed VAT on top of damages (which he was doing until recently) and which Ransome's Counsel advised the court was unlawful

4. Included references to rights to chase the Registered keeper under the Protection of Freedoms Act, when he couldn't because his Notice to Keeper was more than 14 days after the event

5. Signed the County Court claim form statement of truth

Then why not send this witness statement to the DVLA DSP@dvla.gsi.gov.uk

Dear Mr Pickering,

Proserve Enforcement Solutions

With reference to the Judicial Review that the above firm will be applying for I thought that you may find the following witness statement of assistance. It reveals the extent to which the Proserve enforcement model appears to fail to meet the DVLA's/Government's requirements on so many levels.

                                                               1. On behalf of the DVLA

                                                               2. Witness Statement of Name

                                                               3. Date of Statement Date

                                              

           

In the High Court

Queen’s Bench Division

   

               Case Number number

Between

The Queen on the application of Duff

v Driver & Vehicle Licensing Agency 

(DVLA)

____________________________

Witness Statement of Name on behalf of the DVLA

____________________________

1. My full name is name of address and I am a job title or retired or unemployed
2 I am making this witness statement in support of the DVLA                                         

3. I have read the letter dated the 4th June 2014 from the DVLA to Mr Duff of Proserve Enforcement Solutions and noted that it comments that “Although you have made the point that your primary purpose is to take action to ensure that your clients are protected against unlawful interference with their land, the nature of this interference is parking-related trespass, which is regarded as a relevant obligation in Schedule 4 of the Protection of Freedoms Act. The measure adopted by ProServe to enforce this where the use of DVLA data is involved is the same as those of traditional parking operators, i.e. the imposition and pursuit of charges.The introduction of the ATA model and its subsequent extension to all parking companies came about in order to put in place parameters for operators without formal regulation or governance. You have set out your position with regard to matters such as signage, ticketing, charge levels and appeals, but these are matters which successive ministers have regarded as being for an ATA to monitor and ensure compliance with, so as to provide the necessary assurances to DVLA that our data is being used appropriately. I should also point out that the minister's requirement is that motorists are offered an independent appeals service if the appeal is rejected by the company that issued the charge”.

4. On the date I received a Charge Notice from Proserve Enforcement Solutions demanding from me damages for an alleged trespass or breach of contract for a vehicle allegedly parking at name of site. Added to the claim was a sum allegedly for VAT although VAT could not lawfully be added to any claim for damages. I regarded this as a false representation.

5. The notice referred to in paragraph 4 was served more than 14 days after the alleged parking event yet referred to an ability on the part of Mr Duff/his client to exercise rights under The Protection of Freedoms Act 2012 to pursue the registered keeper of the vehicle. I understand that such rights cannot be exercised when such a notice is served more than 14 days after the parking event (paragraph 9 of Schedule 4 of the Protection of Freedoms Act 2012 refers) where no Notice to Driver had been served. No valid Notice to Driver was served upon me. This notice appeared to be misleading and legally incorrect

6. On the date I received from the County Court a claim form claiming damages for a breach of contract or a trespass and which appeared to have been issued by Mr Duff. Mr Duff had signed the statement of truth on that claim form although, I understand, he is not a Solicitor or otherwise authorised to sign such a statement of truth. It is my understanding that Mr Duff is not authorised by an appropriate regulatory body to conduct litigation under the terms of the Legal Services Act 2007 nor to act as a Solicitor under the Solicitors Act 1974.

7. I understand that Mr Duff/Proserve Enforcement Solutions is contracted to undertake enforcement action against any party allegedly parking in contravention of a land owners requirements at the site and has caused to be erected at site notices setting out the land owner’s requirements. I understand that in the case of Ransomes Park Limited v Nicolas Anderson the Judge, on appeal, concluded that the signage used by Mr Duff was unclear and ambiguous and could not be relied upon. Mr Duff has not amended his signage at site since that decision.

8. Mr Duff did not permit me to have any access to any independent appeal service.

I believe that the facts stated in this witness statement are true

Signature

Name

Address  

Date