Help with Witness Statement and Skeleton Argument

Jinxycat

Thank you for all your input and advice.

I have now filed my witness statement and have received the witness statement from the Claimant.

In his statement, the Claimant states that if the Court does not agree I was the driver (he cites Elliott v Loake and tries to put the burden of proof on me of all things!), then he relies upon POFA to pursue me as a keeper, and states that he has served a Notice to Keeper.

Needless to say this is false. I have submitted evidence from DVLA that they have never released any information on my vehicle. I never received a NTK and they have not produced a copy of evidence.

I assume telling a falsehood in a Witness Statement is a very serious matter - how should I press this home with the judge please?

safarmuk

If they never got your details from the DVLA how did they get your address for correspondence in the first place out of curiosity?
It is also likely that the claim submitted is a "generic" one and they have assumed that in this case a NtK was issued.

Others will advise on the legality of doing that in due course I am sure.

Loadsofchildren123

The Witness Statement has a Statement of Truth at the bottom of it.
So yes, technically, it's a serious matter for someone to sign a statement that they know isn't true.

However, they will bluster and say they thought that was true when they signed it, and the witness probably won't turn up at all on the day.

In a small claim a judge is unlikely to want to get all tangled up in an argument like this. It's frustrating for you, but there it is.

You are better focussing on your defence that you weren't the driver and there was no NtK so no POFA liability, rather than complaining about their conduct.

You will see how the land lies on the day - if the judge is clearly irked at them, then yes you could raise the point.

Rule 32.14 says this:
(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Rule 27 says that Rule 32 doesn't apply to small claims - however I'd say that the meaning and effect of a Statement of Truth must apply to all cases including small track. Otherwise the effect of Rule 27 is that witnesses in small claims can lie with impunity which would be against public policy.

Jinxycat

Thank you, that is excellent advice. I wasn't aware of the exclusion in the rules and practice direction. Many thanks.

Jinxycat

Hi,

I have my hearing tomorrow. My file is prepared, and I have condensed my witness statement down into a series of points that I can deliver in no more than 20 minutes. Will I get that long to speak?

Do you have any general advice for the hearing please?

Thanks for your tremendous support so far.

safarmuk

Do a search on here for court reports (e.g. ginandmilk, stuarthamilton, lamilad etc. there are lots on here). This will give you a very good idea of what to expect to happen tomorrow.

The Parking Prankster blog is also a good source of court reports.

Also those threads will also contain information on what to do at the court before your hearing starts.

Depending on the case you might not have to speak at all (the DJ might have already read everything and if the claimants case is so bad he might dismiss in minutes) or - as in the case of Lamilad - you might get to speak for a long time. It depends on the case and the DJ.

Have a bit of a search and read and I am sure others will post on this thread this evening - so keep an eye on it!

Good luck tomorrow. Be sure to let us know how you get on.

Lamilad

Will you be challenging rights of audience?

Umkomaas

a series of points that I can deliver in no more than 20 minutes. Will I get that long to speak?

How long has been allocated for the hearing? That should give you some feel for it.

I've read many court cases, but never got the impression that anyone was allowed exclusive access to 'the floor' to launch into an extended diatribe. Expect interruptions (questioning/comment/clarification requests) from the judge and the opportunity for the claimant to interject that will inevitably add significantly to your 20 minutes.

Regular contributor Lamilad has the most up to date experience - perhaps he could give you an idea as to how long he was allowed.

Jinxycat

Yes, I intend to. The agreement between the landowner and the operator only provides for recovery action under trespass, which they cannot make out. I will argue that the operator is not able to demonstrate that they act as an agent, and is therefore unable to show an authority to appear in court in their own name or the name of the landowner.

Jinxycat

Thank you, the hearing has been allocated for an hour I believe.