PCN issued on a private, unadopted road

Coupon-mad

I would attach one email or relevantly-dated invoice to show what you are saying about the contractors being on site is true.

jackRlnd

KeithP said:

Your statement of Truth is out of date. The April 2020 version is in post #2 of the NEWBIES thread.

It's been a while but I had a quick check on the 'Notice of Allocation' letter dated 25/06/20 and it stated I should end the WS with 'I believe that the facts stated in the is witness statement are true.' (or words to that effect).


Does adding the 'I understand that proceedings for contempt of court may be brought against anyone who 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' make much difference?

jackRlnd

I've just recveived the 'Notice of Trial Date' letter and it looks like the county court will be holding the trial via Skype. I've read through the telephone hearings thread and one of the points suggested to get ahead of everything and start communication with the PPC's solicitors. Given my trial date is not till Aug '21, whilst I know I shouldn't just sit on my hands till then but assuming I have my WS more or less ready, is there any benefit in preparing the bundle this far in advance?

KeithP

jackRlnd said:

KeithP said:

Your statement of Truth is out of date. The April 2020 version is in post #2 of the NEWBIES thread.

It's been a while but I had a quick check on the 'Notice of Allocation' letter dated 25/06/20 and it stated I should end the WS with 'I believe that the facts stated in the is witness statement are true.' (or words to that effect).

That is wrong.
See here:
www.justice.gov.uk/courts/procedure-rules/civil/pdf/update/cpr-113th-pd-update.pdf

jackRlnd said:

KeithP said:

Your statement of Truth is out of date. The April 2020 version is in post #2 of the NEWBIES thread.

Does adding the 'I understand that proceedings for contempt of court may be brought against anyone who 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' make much difference?

Yes.

It means your Witness Statement either complies with the Practice Direction or it doesn't.



However, having said all that, you have an instruction from the court telling you something different. Perfectly reasonable that you follow that instruction.

D_P_Dance

Why not ask for/demand a face to face hearing. 

Coupon-mad

Because courts are doing telephone hearings and unless you have a disability that means a phone call is unfair, it is best to accept that (but never a hearing on the papers).

Umkomaas

D_P_Dance said:

Why not ask for/demand a face to face hearing. 

With the virus on the rampage again, I'm not sure I'd want a face to face with anyone. 

Given my trial date is not till Aug '21

Wow!  Where at -The Old Bailey 😮?  Any information given why it's some 10 months away?

D_P_Dance

 it is best to accept that (but never a hearing on the papers).

I disagree, in my world it is best never to accept situations where you are or may be disadvantaged.

jackRlnd

KeithP said:

However, having said all that, you have an instruction from the court telling you something different. Perfectly reasonable that you follow that instruction.

I guess I have time to get clarification on it. Given the length wait till my trial date I can only assume any updates they are supposed to inform me of wrt statement of truth etc have fallen through the cracks or not yet been processed.

jackRlnd

the hearing date is coming up within a month or so.

I know I have to send the witness statement to both the court and the claimant. does it make a difference for the claimant if I send the ws to them now or right up at the last minute (14 days before the hearing date)? i.e. provide them with less time to prepare.

Also, on sending the ws to the claimanat, should I be expecting anything in response apart from an acknowledgement?