BW Legal LoC

Coupon-mad

1505grandad said:

As above  -  also check the forum for the latest wording required for the Statement of Truth.

Yes, it's not this now:

I believe that the facts stated in this Defence are true.

beamerguy

I believe that the facts stated in this witness statement are true.  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.

1505grandad

Re above  -  "I believe that the facts stated in this witness statement are true."

If the document to be filed is a Defence alter accordingly.

not_the_messiah

Le_Kirk said:

If that is a defence 

Meant to be my witness statement - I'll do some more research!
nosferatu1001 said:

Not the messiah - a witness statement is first person and sets out facts. 

Noted!

zhonguonuren said:

St Ives?

Yep! There was a PCN waiting for us upon our return to the car, yes. I'll certainly followup with asking to visit their offices

not_the_messiah

Hi everyone,

I have been doing some more research (in particular the excellent posts from @Coupon-mad on the telephone hearings thread!) and I have some queries about the WS. I was not the driver at the time in question - do I also need a WS from the driver, or is the one from myself enough? If the latter, do I just state that the driver dropped myself and the rest of the passengers off prior to parking the car (this is the truth)? If the driver needs to provide a WS, would they also need to 'attend' the hearing etc?

TIA

Umkomaas

What are you wanting the driver to say?

I've not trawled back through the entire thread, but was the Notice to Keeper PoFA compliant?  Have you argued in your Defence 'No Keeper Liability'?

not_the_messiah

Umkomaas said:

What are you wanting the driver to say?

I've not trawled back through the entire thread, but was the Notice to Keeper PoFA compliant?  Have you argued in your Defence 'No Keeper Liability'?

I don't want the driver involved at all TBH (it would make my life a lot easier...) - I was just wondering if they had to be included in any way.

Regarding the NTK, I can't actually find it - I was sure I had kept all correspondance regarding this, but it's not with the rest of the stuff. Should I request a copy? You can find the defence I filed here: https://forums.moneysavingexpert.com/discussion/comment/76548195/#Comment_76548195

Umkomaas

I don't want the driver involved at all TBH (it would make my life a lot easier...) - I was just wondering if they had to be included in any way.

If there is a PoFA fail on the part of the PPC, you don't want the driver anywhere near this. You have implied in your defence that there is such a fail - but without seeing the NtK, I can't say one way or the other if there is.  In any case, now that proceedings have commenced you can't transfer liability to the driver (otherwise known as chucking them under a bus). 

Regarding the NTK, I can't actually find it - I was sure I had kept all correspondance regarding this, but it's not with the rest of the stuff. Should I request a copy? 

Have you sent a SAR to the PPC - if so that should have elicited it; if you haven't done that, you need to do so promptly. The NEWBIES FAQ sticky, second post, explains why/how and includes links to a template to help you. 

not_the_messiah

Umkomaas said:

Have you sent a SAR to the PPC - if so that should have elicited it; if you haven't done that, you need to do so promptly. The NEWBIES FAQ sticky, second post, explains why/how and includes links to a template to help you. 

Hi, thanks for the reply - much appreciated.

I did send a SAR to KBT Cornwall and I got back photos, a copy of their final demand letter (which I have a copy of). Looking through the final demand (sent on 27/06/2019, original offence 19/04/2019), I found the NtK - phew. Sorry for the confusion. 

The SAR response contained photos, final demand letter (including the NtK) and some details about the offence and my data from the DVLA. In my SAR request, I requested the following:

• ALL photos taken
• All letters/emails sent and received, including any appeal correspondence earlier
• A PDT machine record from that day, of payments made 
• All data held, all evidence you will rely on, and a full copy of the PCN, NTK
• A list of all PCNs that you consider to be outstanding this VRN
• Confirmation of the exact offence

Umkomaas

I found the NtK - phew. Sorry for the confusion. 

Scan and upload both sides of it and we can tell you whether there is any mileage in arguing a PoFA fail.