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How to Write a Witness Statement for a Parking Case

Last updated: April 2026

A witness statement is your written evidence for a small claims court hearing. It must be in your own words, signed with a statement of truth, and set out the facts relevant to your defence in a clear, logical order. The judge relies heavily on witness statements, so it is one of the most important documents in your case.

  • --Write in the first person and use your own words
  • --Set out facts in chronological order, referencing documents in the bundle
  • --Address each ground of your defence clearly
  • --Sign with a statement of truth -- this is a legal requirement

Key Takeaways

  1. The witness statement is often the most important document the judge reads
  2. Keep it factual -- do not include opinions, speculation, or emotional appeals
  3. Reference specific documents by their page number in the hearing bundle
  4. Cover every defence ground in a logical, numbered structure
  5. The statement of truth means you confirm the contents are true to the best of your knowledge
1

Set Out the Heading and Format

Start with a heading: 'Witness Statement of [Your Full Name]'. Include the claim number, the names of the parties, and the court. Number every paragraph. Use clear, simple language. The statement should be typed, not handwritten.

Tips

  • --Use the format: 'IN THE COUNTY COURT, Claim No: [number], Between [Claimant] and [Defendant]'
  • --Number paragraphs sequentially throughout
2

Introduce Yourself

In the first paragraph, state your full name, address, and that you are the defendant in the proceedings. State that you make this witness statement in support of your defence and that the facts stated are within your own knowledge.

3

Set Out the Background Facts

Describe the relevant facts in chronological order. State when the alleged contravention occurred, when you received the NTK, and the subsequent correspondence. Reference specific documents in the hearing bundle by page number (for example, 'the Notice to Keeper at page 5 of the bundle'). Be precise about dates.

Tips

  • --Only include facts that are relevant to the defence
  • --Do not include facts you cannot verify or prove

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4

Address Each Defence Ground

Devote separate numbered paragraphs to each ground of your defence. For each ground, state the factual basis and the legal point. For example, if the NTK was late, state the dates and the calculation showing it was served outside the 14-day limit. Reference the relevant section of POFA 2012 or other legislation.

Tips

  • --One ground per section keeps the statement clear and easy for the judge to follow
  • --Cross-reference documents in the bundle for each point
5

Address the Claimant's Case

Respond to specific claims made by the operator in their Particulars of Claim or witness statement. If they assert POFA compliance, explain why their evidence does not support that assertion. If they claim signage was adequate, reference your photographs showing otherwise.

Tips

  • --Do not ignore the claimant's arguments -- address each one directly
  • --Be respectful but firm in your rebuttals
6

Conclude and Sign the Statement of Truth

Conclude by summarising your defence position in one or two sentences. Then add the 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.' Sign and date the statement.

Tips

  • --The statement of truth is a legal requirement -- do not omit it
  • --Only sign what you honestly believe to be true
7

Include the Statement in Your Hearing Bundle

Place the witness statement in your hearing bundle alongside the claim form, defence, correspondence, photographs, and all other evidence. Number every page of the bundle and include an index. Prepare three copies: one for you, one for the judge, and one for the claimant.

Tips

  • --The witness statement typically goes near the front of the bundle, after the court documents
  • --Ensure all referenced page numbers match the final bundle

Frequently Asked Questions

Is a witness statement required for a small claims hearing?

It is not always strictly required, but it is strongly recommended. The judge relies on witness statements to understand the facts. Without one, you are at a significant disadvantage.

How long should a witness statement be?

For a parking charge case on the small claims track, aim for 2 to 5 pages. Be concise and relevant. Judges prefer clear, focused statements over lengthy ones.

Can I include legal arguments in my witness statement?

On the small claims track, you can include brief legal arguments alongside the factual narrative. However, the primary purpose is to set out the facts. Keep legal arguments concise and tied to specific facts.

What is the statement of truth?

The statement of truth is a declaration that the facts in your witness statement are true to the best of your knowledge. Signing a false statement of truth can result in contempt of court proceedings.

Can someone else provide a witness statement for my case?

Yes. If someone else has relevant evidence (for example, a passenger who can confirm they were driving, or someone who photographed the signage), they can provide their own witness statement in support of your defence.

When should I file my witness statement?

File your witness statement by the deadline set in the court's directions. This is typically 14 days before the hearing. Late filing may result in the judge refusing to consider it.

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