My Witness Statement is due

ElParque · 20 April 2017 at 2:27AM

I'm going to email the WS and exhibits to BW Legal. Do I need to scan everything into one document or can I send them as individual pdfs?

Lamilad · 20 April 2017 at 12:31PM

Either is fine. Just keep an eye on the size of the file as there is a maximum size your email will send and also what their email will receive

You may have to send it in 2 or 3 emails. Or upload all the docs in to a separate folder on Dropbox and include the link in the email.

ElParque · 20 April 2017 at 1:37PM

It was about 13mb. I used a PDF merging programme to make the exhibits into one file. I did as advised and sent it to myself too.

Thanks for your help. I went with your WS draft more or less exactly as it was (so obviously if I lose I'll be issuing a CCC against you for half my losses...) ;-)

I should get their WS soon, I suppose. Then the SA to get ready... Jeez!

I have to say that had I known how many 100s of hours I'd spend on this and known about the case of the defendant who entered no evidence and simply relied on the no presumption of being the driver, I'd have just done that and no more!

ElParque · 20 April 2017 at 5:28PM

Got the WS from Excel.

Here is a link to it.

https://www.dropbox.com/s/7zv9n5kczmec1fn/edited_Defence%20of%20BWlegal.co.uk_20170420_163729.pdf?dl=0

or

https://1drv.ms/b/s!AmEbXcoBUcVYgQqxo4Nohs6CNsBz

I'd like to sort out my Skeleton Argument as early as possible (for peace of mind). I'm trying to avoid being up all night the night before the hearing (as I have been for the last three nights getting my WS together)!

Cheers

Lamilad · 20 April 2017 at 11:08PM

Same template, copy and paste cr*p we've seen many times from Leigh Shelvis... Lots of words that say nothing.

The photos of your PDT do not show the expiry time so in your SA you need to mention there is no proof that a contravention has even occurred and the claimant must be held to strict proof.

As their photo does not prove anything then you ask them to call in the witness (the parking attendant) who you assume is sitting in the waiting room as there is no way a professional legal organisation with vast knowledge of court procedures would not have a witness - crucial to their case (as the only person who can attest to a contravention actually occurring) - in attendance.

Explain that if you cannot cross examine this individual then there is no proof of any contravention, therefore, no cause of action and this case should be dismissed without the need for further discussion.

It might be worth bringing this to the judges attention as a preliminary matter before you even go in.

Lamilad · 20 April 2017 at 11:14PM

Also, as Leigh Shelvis has stated "I have conduct in this matter" then whichever rep turns up for them on the day clearly does not - therefore has no rights of audience.

This is definitely something that will need bringing to the judge's attention as a preliminary matter

ElParque · 21 April 2017 at 12:32AM

Lamilad wrote: »

Same template, copy and paste cr*p we've seen many times from Leigh Shelvis... Lots of words that say nothing.

The photos of your PDT do not show the expiry time so in your SA you need to mention there is no proof that a contravention has even occurred and the claimant must be held to strict proof.

As their photo does not prove anything then you ask them to call in the witness (the parking attendant) who you assume is sitting in the waiting room as there is no way a professional legal organisation with vast knowledge of court procedures would not have a witness - crucial to their case (as the only person who can attest to a contravention actually occurring) - in attendance.

Explain that if you cannot cross examine this individual then there is no proof of any contravention, therefore, no cause of action and this case should be dismissed without the need for further discussion.

It might be worth bringing this to the judges attention as a preliminary matter before you even go in.

So you suggest I wait until the day then attempt to approach the judge before the case begins to argue this point because it nullifies their whole case? If the point is that persuasive, should I make it in my SA and send that to the judge per-hearing?

Re the rights of audience, are you saying that if Leigh Schlevis doesn't attend in person, whoever they send has no right of audience? (I've printed off McShane v Lincoln though I'm not sure I fully understand it.).

Coupon-mad · 21 April 2017 at 12:45AM

This case by Matthew87 shows his WS and also a Leigh Shelvis cut & paste WS:

http://forums.moneysavingexpert.com/showthread.php?t=5573407

Worth a read, IMHO.

So you suggest I wait until the day then attempt to approach the judge before the case begins to argue this point because it nullifies their whole case? If the point is that persuasive, should I make it in my SA and send that to the judge per-hearing?

No. RoA is not the same thing as saying 'why isn't the witness here?' And if you tip them off in the SA or WS that you are going to want Leigh Shelvis there, maybe they'll turn up (which you don't want).

Re the rights of audience, are you saying that if Leigh Schelvis doesn't attend in person, whoever they send has no right of audience? (I've printed off McShane v Lincoln though I'm not sure I fully understand it.).

No, the RoA argument has nothing to do with Leigh Shelvis. It's about questioning the RoA of whichever random rent-a-rep turns up, before they even speak. Explained in a cautionary tale here, about what a defendant should have said when it was found the rep wasn't an exempt person, so had no RoA because the Claimant (parking firm director/employee) was not there with them. Should have objected:

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

ElParque · 21 April 2017 at 1:09AM

Coupon-mad wrote: »

This case by Matthew87 shows his WS and also a Leigh Shelvis cut & paste WS:

http://forums.moneysavingexpert.com/showthread.php?t=5573407

Worth a read, IMHO.
]

Yes, I'm following this case!

[QUOTE=
No, the RoA argument has nothing to do with Leigh Shelvis. It's about questioning the RoA of whichever random rent-a-rep turns up, before they even speak. Explained in a cautionary tale here, about what a defendant should have said when it was found the rep wasn't an exempt person, so had no RoA because the Claimant (parking firm director/employee) was not there with them. Should have objected:

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html[/QUOTE]

Yes, I read about that case and have printed off the Law Society Gazette article and the McShane judgement although I don't understand it fully, I have to admit!

Lamilad · 21 April 2017 at 1:12AM

ElParque wrote: »

So you suggest I wait until the day then attempt to approach the judge before the case begins to argue this point because it nullifies their whole case? If the point is that persuasive, should I make it in my SA and send that to the judge per-hearing?

you cannot approach the judge before the hearing. Any preliminary matters will have to be documented and handed to the clerk, approx 30 mins before the hearing, with the instruction to pass them on to the judge. I would mention that there is no proof of contravention in your SA, the go in to no cause of action in the PM

Re the rights of audience, are you saying that if Leigh Schlevis doesn't attend in person, whoever they send has no right of audience? (I've printed off McShane v Lincoln though I'm not sure I fully understand it.).

Don't worry too much about this right now. Swot up on it a few days before your hearing so as not to divert your energy and attention from your SA

My Witness Statement is due

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