Papers only claim

Redx

uselesspleasehelp wrote: »

Oh thank you so much for making this clearer, I’m sorry to be such a headache, I annoy myself so must infuriate you such helpful people. I will do my best to get this done, still not much idea what to say compared to everyone else’s,

but can I add the pofa line, and the ones others have used as I did in my defence?

Also I have just driven to the place and taken photos, should I not include those? There’s no visible signs.

But also the friend has moved out and due to this are actually no longer friends anyway, so that’s a real pain. this has caused so much drama and stress to us. My husband won’t defend my son in court basically, and despite the fact he would get in trouble at the end of the day, he just won’t, it’s a long story about a not great relationship, i don’t even know what reason to give for papers only, another headache.

yes add the fact that hubby believes he is not liable under POFA2012 and in any case he was not the driver (in his WS)

YES add photos of the SIGNAGE because those are EXHIBITS (EVIDENCE) as long as they support the case for the defence (poor and inadequate signage, photos are enclosed with these statements to prove the point and he was asked for evidence in the latest letter)

he can state that he is too nervous to attend court , hence why he wants a judge to decide the outcome because he does not believe that he has done anything wrong as he was NOT the driver

uselesspleasehelp

Could anyone confirm if I can use the usual defences that you would use in a defence as opposed to just the story of what happened? And if just the story how would I have numbered paragraphs if all a continuation of the facts, they aren’t separate points as such, or am I missing something Iv already been told?

Redx

no , your husbands defence has already been filed and is with the court and cannot be changed

the WS is about what happened and is the story as witnessed by the people telling it, so no point rehashing the defence, at this point the judge wants witness statements, not defence points

a WS looks this this example from the NEWBIES thread

https://forums.moneysavingexpert.com/discussion/comment/72047642#Comment_72047642 in post #46 near the end


you need your husband to comply with what the court are asking for, they wanted a defence, he provided it , now they asked him in that recent letter to provide a witness statement and exhibits , so that is what I have told you to tell him to provide


there is at least one witness statement that is his "story", plus in this case 2 further witness statements to support his story, plus those pictures etc


do what the court ask to be done, not something else

uselesspleasehelp

I have searched through all the witness statements but couldn’t see one with any kind of likeness to our situation which made it hard. I have the initial layout for one but then nothing relates to them. I’m going to read back over what was said to me in the last few posts about what not to say, and somehow work out how to turn that into what I should say. I wish I could wake up and find Excatly what to say in intelligent terms like the others, mine will be embarrassing to,say the least. Also what is the best way to get these statements to Gladstones and the court? Post to Gladstones? (just husband and son statements nothing from the resident unfortunately.

Redx

nobody is asking you to copy those examples of witness statements, because yours will be different

just set yours out in a similar manner, especially as we have told you what to do today in many posts

you have been asked to post them on here so that people can make comments on how to get them into a proper WS, called critique (as in criticising them) , until you do this nobody can do this, even if you ask a million questions, the job needs to be done and posted so that people can help you with them, until we see them , nothing can be done , nobody is expecting you to write a HARRY POTTER best seller, or to be Enid Blyton


due to you only having an IPAD I would suggest posting copies of the 2 WS + photos to GLADSTONES and actually taking your own to the court where you hand them in at some sort of reception desk , so hand in an envelope containing the 2 signed and dated witness statements plus also containing the photos which need printing first

uselesspleasehelp

Brill, I understand and Iv borrowed a laptop, Iv never used one in my life so may take a while. I will then show you and prepare for the critique. I just wish I could use the intellect of people on here but never mind. Thank you Redx

Redx

excellent

now have a look at the WS in this recent thread where he was not the driver

https://forums.moneysavingexpert.com/discussion/5736464/cel-claim-defence&page=3

use that as a basis for the hubby WS, copy and paste it , edit out what isnt relevant but leave the numbering in

in the numbers with blanks, write in your own details , one by one

when complete and it tells the story and facts , renumber it so that it flows from 1) to say 10) or 15) or whatever


then follow the same procedure for your son , but as he was the driver it needs to be told in that manner, what he saw , what he didnt see, what he was told and who by etc

Coupon-mad

he can state that he is too nervous to attend court , hence why he wants a judge to decide the outcome...

But not in the Witness Statement!

He writes his WS as if he is going to attend to lull the Claimant into thinking he will, and files that with your evidence (signage photos and the other two WS).

Then 2 weeks before the hearing he writes a simple signed letter with the claim number at the top, addressed to the presiding Judge for claim xxxxxxxx, hearing on xx/xx/19, stating that he wishes the case to be heard in his absence and reminding the Judge that three WS and evidence were delivered personally to the court in a file, on xx/xx/19 (just on case the Judge hasn't been passed the file of WS and evidence!).

Le_Kirk

uselesspleasehelp - I don't believe you are! You have managed to get this far (with our help) so just keep going. Now you are working on a laptop, things will be easier and clearer.

uselesspleasehelp

This is the statement from my husband for your critique. I hope I don’t totally need to re write.