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Witness question

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I recently got sent a hearing date for my parking fine case...

I sent 2 witness statements, my own and that of my husband who I think was the driver on the day, that's what his statement states anyway...

But now he has had cold feet and is worried he will be asked to attend court with me...

Is this cumpulsory for all witnesses who give a statement? I don't know what to do, this could ruin my whole case now :eek:

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Not compulsory but obviously more weight if he goes.
  • brainiack
    brainiack Posts: 39 Forumite
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    Phew! I'm prepared to bring his ID or something to prove it isn't just any old person wrote and signed some papers to back me up.

    He's adament he isnt going to go any more, just wants me to pay it. No way I'll do that so having to plough on without him. But should I tell the court now that he isn't going to attend? Would that look better to my favour?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    brainiack wrote: »
    Phew! I'm prepared to bring his ID or something to prove it isn't just any old person wrote and signed some papers to back me up.

    He's adament he isnt going to go any more, just wants me to pay it. No way I'll do that so having to plough on without him. But should I tell the court now that he isn't going to attend? Would that look better to my favour?

    There is no requirement in small claims cases for witnesses to attend court, unless specifically directed to do so by a Judge's order.

    As long as your husband's WS is signed, and contains his full name and address, that should be fine. You do not need to notify the court that he won't be attending - the PPC's witness is unlikely to be there either.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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