Need My Witness Statement Checking Over

iffy_jiffy

Next case i'm after for filing evidence:

Excel v Mr B. C0DP33Q9 19 December 2016

Source anyone?

iffy_jiffy

Umkomaas wrote: »

http://www.parking-prankster.com/more-case-law.html

Case CS047

Thanks Umkomaas! Foundit at another site but this will help too. Another one i'm after...

Excel v Mr B. C0DP33Q9 19 December 2016

Source if possible possible? Thanks!

Umkomaas

iffy_jiffy wrote: »

Thanks Umkomaas! Foundit at another site but this will help too. Another one i'm after...

Excel v Mr B. C0DP33Q9 19 December 2016

Source if possible possible? Thanks!

Unless the Defendant pays for one to be produced, transcripts are not publicly available. Transcripts can work out very expensive; hardly anyone bothers over a £100 small claims case.

Why not copy the Parking Prankster's blog? You're not defending a murder case!

http://parking-prankster.blogspot.com/2017/01/vcs-lose-claim-no-keeper-liability.html

iffy_jiffy

Umkomaas wrote: »

Unless the Defendant pays for one to be produced, transcripts are not publicly available. Transcripts can work out very expensive.

Why not copy the Parking Prankster's blog? You're not defending a murder case!

http://parking-prankster.blogspot.com/2017/01/vcs-lose-claim-no-keeper-liability.html

:rotfl:
Will do!

iffy_jiffy

WS will be filed with the court in person tomorrow - ring binded, all in times new roman font 12 with the evidences filed with a content page. Gladstones have been sent the WS broken up.


Already pulling my hair out with everything so far but wouldn't have been possible without all of yourselves so thanks so much again.


Time to start the skeleton argument now. LoC has done a crazy one here..from checking the NEWBIES thread.

https://www.dropbox.com/s/qjzj1n3sguuz7yo/SKELETON%20final%20anonymised.docx?dl=0

LoC has also done a CoP and POFA breaches documents too:

https://www.dropbox.com/s/244fnwb9pzr7xoa/BREACHES%20OF%20THE%20BPA%20CODE%20OF%20PRACTICE.d %20%20ocx?dl=0

https://www.dropbox.com/s/k5djmx5o1et4xc3/POFA%20REBUTTAL.docx?dl=0

Does it need to be this thorough? Do i need one for the CoP and POFA too? Are skeleton arguments needed? I have read some ppl say it's not really needed and the WS will suffice but i'm pretty sure you guys know better. What you think?

iffy_jiffy

Hi all, just doing the Skeleton Argument...question...is the "request for further and better particulars" the same as a "Part 18 Request for Information"?

I did send a "request for further and better particulars" but received no reply from Gladstones/ES...no surprises there!

Hearing date at the court is next week!

claxtome

is the "request for further and better particulars" the same as a "Part 18 Request for Information"?

Not the same but similar.

If you look at 1.5 and 1.6 below a Part18 request has to contain certain things
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part18/pd_part18

How's the SA coming on?
My example of an SA can be found in my 2 ES threads "big car park" and "classic fluttering ticket"
Suggest you send it about 2-3 days before court day to give them time to discontinue

Have you got your costs order ready too.
Remember it needs sending in at least 24 hours before your day in court.

iffy_jiffy

Thanks claxtome. Helps in better understanding between the 2.

iffy_jiffy

Hi All.

I've done a Skeleton Argument based on LoC's documents - it's basically edited to reflect my case. The case is hearing this friday!!

Case details:
Car in the car park. 2 x NtKs (for different dates) received through the post.No pictures of the individuals/car leaving the car park showed, just pics of in the car park. Signage provided by ES but when ive been to site, less than half present - pictures and plan provided by myself in the WS to reflect this. No plan provided by ES where the car was parked. Ntk was not compliant with POFA as it said :

!!!8220;Should the Registered Keeper either provide an unserviceable name and address of the driver OR the named driver denies they were the driver, we may pursue the Registered Keeper for any Parking Charge amount that remains outstanding on the assumption they were the driver.!!!8221;

I'll be defending the defendant by being a lay representative. Coupon-Mad (thanks again!) has advised dont need permission from court for this and kindly provided a legislation for me to take it and give to the usher (i've also emailed the courts that i'll be the lay representative too - i rang them but they said the judge will decide!!).

Files are here in this location:
https://www.dropbox.com/sh/md2cav7unnxjzs8/AAC8g_2O4ReLVYCadG5saw_ba?dl=0

3 files:
Skeleton Argument: Skeleton Argument - Example 1 DRAFT Anonymised
IPC Breaches: Skeleton Argument - Example 1 IPC BREACHES DRAFT Anonymised
POFA Breaches: Skeleton Argument - Example 1 POFA REBUTTAL DRAFT Anonymised

The files are too big to copy into the thread so apologies. If what's done is not good enough or too much (rather have more than less in terms of the arguments!), please let me know. I've removed certain sections that are not relevant from LoC's SA. The costs letter has yet to be made with section 27.14 as LoC has claimed for - i'll check the newbies thread and do one - who decides the costs as his/her letter does not state any costs? the Judge?

Any help help in terms of pointing out the mistakes/relevance would be very much appreciated. Also, thanks for all the help so far! Nearly there...phew!

Coupon-mad

I'll be defending the defendant by being a lay representative. Coupon-Mad (thanks again!) has advised dont need permission from court for this and kindly provided a legislation for me to take it and give to the usher (i've also emailed the courts that i'll be the lay representative too - i rang them but they said the judge will decide

The Judge has no choice, unless you act unreasonably like some aggressive idiot. Over-inflated egotist lay reps like that, showing (according to a transcript on the public domain) a warped and wholly misguided sense of their own superiority, have been ordered out by a Judge before...

I am sure you will be fine.