Evidence Submission

Romeo_ · 8 March 2017 at 2:00PM

Hi,

I am a couple of weeks away from a court appearance for a parking charge. I have already submitted my witness statement in January. Can I redo my witness statement to add points?

BW Legal did their witness statement after I had done mine and I’d like to refute theirs and add further evidence.

Thanks

Loadsofchildren123 · 8 March 2017 at 2:56PM

There will be no provision in your order for a witness statement in reply. However, if they have added new things into their statement, then you can do one of two things:

1. a second statement dealing with the new points, do it asap and serve it on the other side and file it at court. Say you will seek leave to rely on it because of the new matters raised in their witness statement (matters which really should have been disclosed during the pre-action phase, according to paragraph 6 of the Practice Direction - Pre-Action Conduct and Protocols). Draw attention to the fact that their statement was served out of time.
OR
2. do a Skeleton Argument - this is a summary of your response to the claim and an amalgamation of all the points in your Defence and Statement. In the small claims there is generally no order made for parties to file/serve Skeletons, but in other types of claims these documents are always required. The aim of the Skeleton is to summarise your case for the court and to save time on oral submissions. If you do one, you need to file it at court and serve it at least 3 days before the hearing. You can include a response to the new points they've raised. Also deal in your Skeleton with legal arguments and set out any cases you rely on.

Or you can do both.

I've just posted my Skeleton on my thread. Look at other recent threads (KimmyHrunt, hopsfield, Lamilad) for help with a precedent Skeleton. My Skeleton is a bit wordy and contains every defence under the sun I think. You are better off picking your strongest arguments I think. I'm not sure whether to cut mine right down or not, I'm waiting for the forum pros to comment on that.

Coupon-mad · 8 March 2017 at 2:56PM

You can submit a skeleton argument now, responding to their WS and including your exhibits (case law to support the legal argument).

See the NEWBIES thread post #2 where examples of skeleton arguments are shown. You don't have a '14 days before the hearing' deadline for a skeleton and can even rock up with it on the day - but best filed in advance I reckon, a few days before, with the court and BW Legal.

Make sure it is headed up 'skeleton argument' and that you include your costs schedule and exhibits (e.g. court transcripts from the Parking Prankster's 'case law' and (if you are defending this as keeper, no driver identified) the POFA Schedule 4 itself and Henry Greenslade's wording from the POPLA Annual Report 2015 about 'Understanding Keeper liability'. Also the Beavis sign and a copy of this sign, by way of showing how rubbish the latter was.

Loadsofchildren123 · 8 March 2017 at 2:57PM

If you do option 1, if the other side object to a 2nd statement, on the day tell the judge that you've served it and why and ask for leave to rely on it.

Romeo_ · 8 March 2017 at 3:15PM

Hi guys,

Thanks for your help. A skeleton argument it will be then.

It was weird because I had to file my witness statement months away from the court date, then BW did theirs after mine and attacked some points I made.

I think my witness statement was decent enough. I included POFA schedule 4 and Henry Greenslade's wording from POPLA.

I'd like to add Lamilad's case as the point regarding keeper liability won him the case. Not sure where I can get a transcript though? I've checked Prankster blog.

Coupon-mad · 8 March 2017 at 4:48PM

It is there on page two of the ''case law'' page.

Romeo_ · 9 March 2017 at 11:36AM

A ha! Thanks Coupon-mad. You have helped me with my case on another forum but I don't want to disclose anything on this forum...

One thing I'm not happy with the witness statement that I submitted is I said "as the event was so long ago I cannot with certainty recall who may have been driving the vehicle that day"

They have tried to counter this in their witness statement saying that they "sent the NTK 10 days after the event". Therefore their point being that I should know who was driving and didn't tell them. They then go on rambling saying it says on the PCN to tell us and the fact that I did not should be taken into account at court and then Eliot vs Loake (which I know I can argue, criminal case, forensics).

I know I'm not legally obliged to tell them who the driver was. I just wish that from the outset I said I was not the driver. Maybe I can still argue that, as my point still alludes to that assumption. That, "I don't recall who may have been driving".

Coupon-mad · 9 March 2017 at 1:00PM

Therefore their point being that I should know who was driving and didn't tell them.

Just use Henry Greenslade's words to show that you have no such responsibility in law and there can be no adverse inference drawn. The Judge will not know this, perhaps.

Romeo_ · 12 March 2017 at 9:53PM

Thanks SRM.

Is it possible to quote the prankster blog? I've come across about 3 cases where judges have dismissed Eliott vs Loake but I cannot find the transcripts anywhere. The cases are all in the past 6 months. I can easily argue this point mysef but it would be another nail in the coffin if i had access to the transcripts or could quote the prankster. Although, he doesn't use the persons name in order to reference really anyway.

I'm very grateful that Lamilad got his transcript for everyone to use and learn from.

Coupon-mad · 13 March 2017 at 12:17AM

Yes, a Judge remarked recently that she'd seen the Prankster's Blog used by people before. Better to use transcripts as they are not hearsay (not putting down the Prankster in any way but that's what the claimant would say, that a Blog is hearsay).

Romeo_ · 20 March 2017 at 1:24PM

In court now

Evidence Submission

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