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PE Drop Court Case: Paperwork "Irregularities"
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It all depends upon if this letter is only used for the one site. If it is, then there is little wrong in using the same witness statement with a different date on it. (Of course, I am 100% against witness statements as there is no proof that the person signing it has read and understood the contract anyway). Most exchanges of contract on house purchases are left undated and the date added by the solicitor later, for example.
If, on the other hand, the same person's template has been used for different sites or clients, then that is a whole different ball game.
I expect some of you will remember that the first witness statement that came to light was actually signed by a PE director as landowner!!!0 -
PE's alleged 'witness statement' is nothing of the sort. A valid witness statement for a court or tribunal (& by extension POPLA) should amongst other things
(a) be expressed in the first person and in the witness's own words;
(b) state the full name of the witness and the witness's place of residence or, if the statement is made in a professional, business or other occupational capacity, the address at which they work, the position they hold and the name of the firm or employer;
(c) indicate which of the statements in it are made from the witness's own knowledge and which are matters of information and belief, indicating the source for any matters of information and belief (e.g. by having read any relevant contracts);
(d) Must include a statement by the witness that they believe that the facts stated in it are true;
(e) Must be signed and dated by the witness.0 -
Would be interesting to see a counter-claim issued by Ms Byrne for Parking Eye wasting her time.
Nice round £300 would probably get them paying up straight away0 -
Indeed if it was submitted it is perjury, I would be contacting the police .Be happy...;)0
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It all depends upon if this letter is only used for the one site. If it is, then there is little wrong in using the same witness statement with a different date on it. (Of course, I am 100% against witness statements as there is no proof that the person signing it has read and understood the contract anyway). Most exchanges of contract on house purchases are left undated and the date added by the solicitor later, for example.
If, on the other hand, the same person's template has been used for different sites or clients, then that is a whole different ball game.
I expect some of you will remember that the first witness statement that came to light was actually signed by a PE director as landowner!!!
Is there a copy of this anywhere or a thread ref? Could come in handy for several court cases I am helping withDedicated to driving up standards in parking0 -
No sorry. It was a thread on here about the time that witness statements first appeared on the scene. If you look back on Prankster's blog he reported the teach in for PPCs held by the POPLA boss. That will give you a time frame to search on.0
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Found it
https://forums.moneysavingexpert.com/discussion/4688485
Thanks.
PMed the OP, but sadly does not seem that they frequent the site any moreDedicated to driving up standards in parking0 -
PPrankster is now looking for more examples of 'pre-signed'/fudged statements....see his blog.0
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