This is a tough one!

Coupon-mad

Throughout the defence they repeatedly state that I am “an employee of the managing agent” that manages the freehold.
I am not - and was not. I was an employee of the estate agent that rented the spaces from that managing agent.
Will this error give me any mileage at all?

That certainly seems to undermine their argument whereby they are producing emails from 'your employer' who were not in fact your employer and you were no more a party to that information than I am!

Blazkowicz

Thanks! I thought so. I am guessing that the place to clarify this is my skeleton argument?
I am also assuming that the witness statement is not the place for me to respond to *their* witness statement?
Think I need to do some careful research into how to write a good WS and Skeleton argument

Redx

An SA is just an aide memoire , to narrow the facts , not to argue or introduce new arguments

Use the WS to argue the case as well as outline facts etc , especially to rubbish their WS

Blazkowicz

So I believe the worst has happened and it’s my fault.
I had always been under the impression that the witness statement had to be sent 14 days before the court date or before, and on reading the notice of allocation had not noted a specific date.
When the February date was changed to March I therefore assumed that there was ample time to formulate my WS.
I contacted the court today to confirm the deadline - it was six minutes ago.

I have explained to the court that I have not done it yet and they have asked me to submit it by open of court tomorrow and it will be submitted to a judge for consideration.
I cannot believe that I’ve been so incompetent as to not notice the deadline.
I now have this evening to write the statement!
Two questions:
I have only one specific document to submit and rely on (confirmation from the managing agent that the parking place was paid for). The rest will simply my testimonial of having put the permit in the car, that it was paid for etc... so I do not believe the witness statement will be particularly detailed. I will reread all advisory on the Newbies thread before I write it.
Does the skeleton argument also need submitting on this same deadline?
I had expected more time to truly understand the difference between a skeleton argument and a witness statement but I have denied myself that leeway now!!

Le_Kirk

You don't NEED a skeleton argument, that is a bullet point document to aid you and the judge to navigate through a complicated defence and witness statement. You can however submit it later (if you really think it is necessary) a few days before the case. More important to get on with your WS and don't forget your schedule of costs.

Blazkowicz

Many thanks Le Kirk.
Another thing - in my Defence sent earlier in the process (as seen further back in this thread) - I used sections of some other winning defences used in the past that were on this forum or Pepippoo. I was meticulous in ensuring that these sections were appropriate and applicable to my case.
B W have mentioned in their witness statement that ‘it is clear that the defendant has copy-and-pasted material from online websites designed to assist motorists avoiding fines, and therefore many of the defence in nonsensical.’ They then made a comment about how this is awful because I signed a statement of truth and yet did not write portions of the defence.
Should I be concerned about this. They are, after all technically correct - I did use parts of other defences (Principally those that used case law regarding the amount that could be peruses) that pertained to my defence.
However it is telling that BW did not provide any actual evidence of the material they claim I copy and pasted...

Blazkowicz

I will post my witness statement on here later this evening for any pointers but I am FULLY AWARE that this gives you all very little to no time to respond!

Blazkowicz

(Sorry I am multi-posting but I’m panicking a bit!)
In my witness statement I am expressly mentioning that there were two tickets put on the car close together. I say that they are only pursuing this one because the photos do not show the permit due to the angles of the photos. I mention that the other ticket included photographic evidence taken by PP that shows my permit in the car. I then invite the court to infer the obvious why they are not pursuing this other ticket and also state that it corroborates my assertion that the permit was visible on the central armrest. Do you feel this privileges B W with this information?
Or do they now have no further chance to add to their defence...

waamo

BW as a matter of course put in their cut and paste reply that the defence is cut and pasted. The irony of it seems lost on them. Judges don't care.

Blazkowicz

Thanks!
I have another question - the costs that BW Legal list amount to £264.50.
If I lose - will I have to pay this AND the courts costs?
If so - does anyone know what the court costs may be (ballpark).
I’m thinking of biting the bullet...