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My Witness Statement is due
Comments
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**** me! That is brilliant and every word is true.
As far as exhibits go, should I still enclose the POPLA 2015, the photos of my kids driving licences, the car park sign and other items I was going to add not included in your above work or am I now, (on your advice) just going for the keeper liability and abandoning the other defence of poorly worded signs? This was my original thought, ie that this defence needed no other point except the keeper liability one but I added the other stuff when respected posters suggested I throw the kitchen sink at it!0 -
As far as exhibits go, should I still enclose the POPLA 2015the photos of my kids driving licences,the car park signand other items I was going to add not included in your above work or am I now, (on your advice) just going for the keeper liability and abandoning the other defence of poorly worded signs? This was my original thought, ie that this defence needed no other point except the keeper liability one but I added the other stuff when respected posters suggested I throw the kitchen sink at it!
You have got signage in your defence but best not go into it too much in your WS as you are focussing on 'no keeper liability' and 'no reasonable presumption' which are strong arguments and should ensure you win this case.
As an RK who was not the driver you won't know much about the signs as you weren't there to see them. Going on about non prominent signs incapable of forming a contract in a WS may invite questions from the judge along the lines of "how do you know if you weren't there?"
You've got the Cutts case in your defence so if you feel things aren't going well on the day you can bring the signage up...
"Sir, I'd like to discuss point #?? of my defence which highlights the woefully inept and incomprehnsible nature of the claimants signage. If the court is minded to believe that on the BoP I was the driver then the defendant submits that the claimants signage is incapable of forming a contract for the following reasons......"0 -
So, maybe have the photos in my exhibits but not refer to them in my WS and only on the day if the no keeper liability defence is not accepted? Can it harm to take the photo of the sign? It does show how fantastically terrible their signs were in 2015! ok, ok....
To be honest, if I don't win on the keeper liability, I can't see me having the stomach for a fight on the signage and though I'm not complacent, how on earth can I lose on the keeper liability?0 -
To be honest, if I don't win on the keeper liability, I can't see me having the stomach for a fight on the signage and though I'm not complacent, how on earth can I lose on the keeper liability?
You need one who is freshly spanked and brandied up, with a silly smile on his face!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
In which case, don't I need to have a good answer to Beavis in my defence?
I would say so. It's standard advice in most cases, whether a POPLA appeal or a court defence. Whether you can dissuade an old grump from a set-in-stone position is all part of the lottery that is the small claims court.
But unless its rehearsed, you're a hostage to fortune.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Well, my defence against Beavis would have to be based on the signage in the car park in question which was very poor, didn't comply with BPA recommendations and so there could be no contract between them and the driver.
I did mention Beavis in my original defence. I can't find any documentation - it's too complicated and it's too late now - other than the judgement in the case to include as evidence. Should I include the Supreme Court judgement?0 -
Your points on Beavis are argument not something you have witnessed. So you will address it in your skeleton.
They'll also make some naff points about it in their ws so you'll be able to do a full hatchet job on it in your SA.
It's mentioned in your defence so you've got it in your arsenal. I would adduce the parking eye Beavis sign with your WS.
Btw - you have mentioned that the signs in this case we're not lit... Did the alleged contravention occur in the hours of darkness?0 -
Your points on Beavis are argument not something you have witnessed. So you will address it in your skeleton.
They'll also make some naff points about it in their ws so you'll be able to do a full hatchet job on it in your SA.
It's mentioned in your defence so you've got it in your arsenal. I would adduce the parking eye Beavis sign with your WS.
Btw - you have mentioned that the signs in this case we're not lit... Did the alleged contravention occur in the hours of darkness?
It happened on a rainy day in January at 11am.
By adduce the PE sign, do you mean include it in the exhibits or include and refer to it in the WS?0 -
It happened on a rainy day in January at 11am.
By adduce the PE sign, do you mean include it in the exhibits or include and refer to it in the WS?
Don't include the Beavis transcript.0
This discussion has been closed.
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