Witness statements

ColliesCarer

pugger wrote: »

Thanks. This exact same witness statement was sent in as evidence for another POPLA appeal last year.

Have you got the link? I'll take a look at it for you

pugger

PM me your email and i'll send over the evidence packs for both if you like

hoohoo

There is nothing wrong with an old witness statement as such...as long as it states when the contract ends. An operator does not need a new witness statement for each parking event.

However, a lot depends on the contents. If the statement does not give an end date for the contract then the older the statement, the stronger the challenge on the ground the contract may have expired. If the statement refers to specific items which could change or are outside the witnesses knowledge ('the signage was adequate') then the statement is entirely bogus.

pugger

I was in a rush earlier so didn't read it all properly, it actually states the start date of the contract and the period it will run for so i guess it's a no-goer.

Guys_Dad

hoohoo wrote: »

There is nothing wrong with an old witness statement as such...as long as it states when the contract ends. An operator does not need a new witness statement for each parking event.

However, a lot depends on the contents. If the statement does not give an end date for the contract then the older the statement, the stronger the challenge on the ground the contract may have expired. If the statement refers to specific items which could change or are outside the witnesses knowledge ('the signage was adequate') then the statement is entirely bogus.

The witness also needs to be suitably qualified to confirm all of the relevant clauses of the contract which is, of course, a legal document drawn up by lawyers.

bazster

Guys_Dad wrote: »

The witness also needs to be suitably qualified to confirm all of the relevant clauses of the contract which is, of course, a legal document drawn up by lawyers.

Well possibly, we have seen landowner "contracts" that look like they've been written on the back of a fag packet by a 4-year-old!

MothballsWallet

bazster wrote: »

Well possibly, we have seen landowner "contracts" that look like they've been written on the back of a fag packet by a 4-year-old!

But still spelt better than some of the missives seen on the forums from some PPCs, such as dear old Trev, am I right?

4consumerrights

pugger wrote: »

Are witness statements actually a valid alternative to showing the contract at POPLA? If they are valid do they need to be recently dated?

If your appeal requested the full contract to be supplied and stated that the witness statement is not appropriate, then you should ALWAYS challenge the accuracy of any witness statement.

I have pulled apart so so many witness statements for many reasons.

pugger

Thanks. The appeal did request a full copy of the un redacted contract and specified a witness statement would not be sufficient. The operator claims the contract contains commercially sensitive information hence the witness statement.

Marktheshark

Add the point if they refuse to show you the contract how can you be a party to a contract you have never seen and they refuse to show to you.