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BW Legal - Any help very much appreciated...
Comments
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nosferatu1001 wrote: »1) Given your defence raised POFA, failing to use POFA at all seems foolish to me. Give yourself every possible argument.
I certainly will not leave POFA out. Although how it can be in a "witness statement" is beyond me really, if I am not giving a statement of what 'happened' on the day, I can't see any witness statement being producable! Except for maybe "i got this NTK/PCN thing, I am not liable, cos they messed of POFA me lud".nosferatu1001 wrote: »2a) Really? Theyre going to hold an identity parade?
Oh come on. Rhetorical as it was, you and I know only too well that judges are real people, and I can assure you that any reasonable person of sound mind with reasonable eyesight will look at the defendant, and the ANPR pictures, and have a bloody good idea it is the same person. As I said, NOT to a scientific certainty, but a reasonably one, yes. I don't want my wife to be sitting there saying "that ain't me guvnor" and the judge to think (as they WILL) "you lie to me in my court?! this'll teach ya...". Besides the point, my wife couldn't do that anyway. So, as I said, I don't know if the judge will look, see its the same person, and wonder why we chose a technical defence over telling the story. Maybe the story doesn't hold up, because she dishonestly tried to park for free or similar. Oh dear. Thats my concern here anyway, and why I am (and others have agreed) inclined to tell the true story which obviously involves telling it from driver's perspective. UNless I can think of a clever way to do it without that, I will ponder that.nosferatu1001 wrote: »b) So then attack their compliance with it. Theyre chasing you as keeper, so defend on that basis. [/QUOTE} - I suppose I could leave the WS to just do that, and IF the judge does ask about the circumstances, she could then tell the (very reasonable and mitigating) story. Trouble is, she won't have a clue, she will be under extreme pressure (self inflicted mostly) and will never remember all the points I have now written into this WS after we worked through it in great detail.
I still struggle to understand that, as infuriating as I suspect that will sound to you! IF my defence is JUST POFA, what the hell else is there to say, what can support what's already been said in fine detail in the written defence. "They didn't comply with POFA".nosferatu1001 wrote: »Youre too late in the process to be rewriting your defence. You're done there. Its now time to concentrate on taking your defence, working out the facts that support your defence, and providing evidence to support this. Thats your witness statement.Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
I am just going to have to choose who to trust, it's as simple as that. Either those who say POFA is all I need, and those who say it's a technical defence which a judge may not like.
I will decide how to vote later. Please don't take that as any disrespect, I just don't know you or your experience level any more than any others. I know you're experienced, but I know some others are too who advised differently. It's my can to carry, so it's my choice to make, and my bed to lie in, and I can't think of any more analogies so I will stop there.
Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
Why can't a keeper report on the state of the signs?
Why can't a keeper deny that the vehicle was parked incorrectly?
I have no idea whether those are even your arguments, I'm not going to re-read this epic saga, but the point is that you as the keeper can go to the car park and look at the signs. You as the keeper can look at pictures of how the car was parked... and so on. And for goodness sake... the keeper can actually talk to the driver.
I hesitate to say this... but post up your Witness Statement for critique when you are ready, and of course, if you wish.0 -
Yep, ytoure still lost.
13 pages in , 250 posts and only now have you started to read WS?
It soudns like your wife is the D? if so SHE is the one writing the WS, SHE is the one who will state "I note the claimant has chosen not to use POFA to hold me liable as keeper, which can be shown by examining the NtK at EXHIBIT001 and in communicaiton letter Y which shows that...." or whatever.
I fail to see how you are struggling to talk about somethingthat happened without identifying the driver
It's easy!
"I do not believe signs are good enough to bind a driver. See exhibits XYZ/001 which were taken near to the day of the alleged breach of contract which shows that no signs were visible from where the vehicle was parked..." and so on
We did not say ONLY use POFA
Noone here said to ONLY use bloody POFA
Not one
We are just saying WHY NOT USE POFA when you can do so? Its the bloody law for a reason!
{b]The witness statement is a series of facts supported by reference to exhibited docuemnts[/b]
Those facts MUSt support your defence
THats it. Dead easy.0 -
Ok, I guess they can because BWL have provided a photo of the sign as it was then.Why can't a keeper report on the state of the signs?
How would they remember if they weren't there? (I won't lie and say they were a passenger, in light of the ANPR photos, that would be very silly even if we could do it)Why can't a keeper deny that the vehicle was parked incorrectly?but the point is that you as the keeper can go to the car park and look at the signs. You as the keeper can look at pictures of how the car was parked... and so on.
Going to look at the signs won't refer to how they looked 4 years ago. There are no pictures of how the vehicle was parked. Briefly, it was ANPR. They supplied photos of entry/exit times. Those times are 2hr 23 minutes apart, a 2 hr ticket was purchased. Wife had childcare issues (sick child and breastfeeding after explosive vomiting after leaving space, but before exiting past ANPR).
And so you should!! I am not going to subject you or anyone else to that, at least not when I may delete the entire thing and start again shortly. Sincerely grateful all the same.I hesitate to say this... but post up your Witness Statement..Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
Good luck. I won't trouble you again.0
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I don't know what makes you think I am "only now" beginning to read WSs. I have been reading them on and off for months, although mainly focussed on defence until now. As the Newbie thread advises, working through methodically is the best approach. One step at a time. I am well away from deadlines for WS, but trying to use time now to get it right. What a mistake that was.nosferatu1001 wrote: »Yep, ytoure still lost.
13 pages in , 250 posts and only now have you started to read WS?
I am aware of all of that. I am writing it for her. But I am aware it is her submission, and her who will need to speak at court. Sorry if I sometimes use "I" in the board when I mean "her", but that could add even more confusion and I don't think I need to do that!nosferatu1001 wrote: »It soudns like your wife is the D? if so SHE is the one writing the WS, SHE is the one who will state "I note the claimant has chosen not to use POFA to hold me liable as keeper, which can be shown by examining the NtK at EXHIBIT001 and in communicaiton letter Y which shows that...." or whatever.
I see, thank you! The word "witness" (and the style of most WSs i have read) makes me think this is about what I (she) witnesses on the day. I have a background in writing witness statements daily, perhaps that is causing me to confuse this with a literal account of events which happened, which, as a keeper defending, seems impossible. But thanks, I learned a lot from that comment.nosferatu1001 wrote: »I fail to see how you are struggling to talk about somethingthat happened without identifying the driver
It's easy!
"I do not believe signs are good enough to bind a driver. See exhibits XYZ/001 which were taken near to the day of the alleged breach of contract which shows that no signs were visible from where the vehicle was parked..." and so on
I have actually had advice saying 'POFA is all you need' and similar. But I also see now that this isn't a case of POFA OR circumstances, it's POFA AND anythinhg else I can throw at them, WITHOUT speaking in first person as driver (i.e. "I read the sign and accepted terms..."). By Jove, perhaps something is sinking in.nosferatu1001 wrote: »We did not say ONLY use POFA
Noone here said to ONLY use bloody POFA. Not one.Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
Good luck. I won't trouble you again.
KP - I have absolutely no idea what has offended you. I certainly meant no offence, entirely the contrary in fact.
If it was my last comment, I can of course post my WS, but didn't to waste your sparse time with reading something that I think this discussion has completely blown out the water. It was entirely out of respect and kindness, nothing else.
Regardless of what it was, I can only profess I meant no offence whatsoever and thanked you for your posts several times as I was very grateful.Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0 -
The keeper can talk about events they have been told about.
So the keeper can state
"the vehicle was not parked incorrectly..." and if all they have is ANPR, then theres no possible way to disprove his from ANPR footage, as ANPR never shows parking.
A witness statement is about witnessing events. They do not have to be the actual events on the day, but they can be
- your signs are crap, I know because since the parkng event I went and took pictures
and so on.0 -
In my defence I referred to two cases thrown out by District Judges. "Claim F0DP201T, 10th June 2019 and F0DP163T, 11th July 2019."
Should I print those and exhibit them with WS?Combatting the pandemic of BWLegal-19, one 'notice of discontinuance' at a time. :-)0
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