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LBC received from BW Legal

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  • Here is my (redacted) Witness Statement(s), Evidence bundle and Assessment of costs. I will also print and add in the documents that I have separately (IPC CoP, Southampton Judgement, Skipton Judgement). I have 2 questions: Should I personally sign the supplementary Witness Statement? Am I able to and should I include the Claimant's photo of the sign position I mention in para 8?

    Any other advice appreciated. Thanks so much.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    on.wheels said:
    Should I personally sign the supplementary Witness Statement?
    If you are the Defendant, yes. The headings on your supp WS should also be similar to the other docs.


    on.wheels said:
    Am I able to and should I include the Claimant's photo of the sign position I mention in para 8?
    No. Just refer to the pic in the Claimant's WS - using their reference to precisely identify the pic.
  • KeithP said:
    If you are the Defendant, yes. The headings on your supp WS should also be similar to the other docs.
    Thanks, I'll add in the heading and sign once printed.
    KeithP said:
    No. Just refer to the pic in the Claimant's WS - using their reference to precisely identify the pic.
    I haven't yet received the Claimant's WS - they have until Friday. I have seen the photo in the SAR they sent to me so I'm expecting it to be part of their evidence.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    on.wheels said:
    I haven't yet received the Claimant's WS - they have until Friday. I have seen the photo in the SAR they sent to me so I'm expecting it to be part of their evidence.
    Can you not include your own pic? You'll be a bit stuck if they don't include that pic.

    Also, this sentence in para 8 could perhaps be improved...
     You would need to be led on the floor to have any chance of reading it.

    Led??

  • on.wheels
    on.wheels Posts: 65 Forumite
    10 Posts Name Dropper
    KeithP said:
    Can you not include your own pic? You'll be a bit stuck if they don't include that pic.
    I don't have my own photo but I do have a screen grab from Google streetview as, luckily, the car went right in to the car park!
    KeithP said:
    Also, this sentence in para 8 could perhaps be improved...
    Ah, yes - I will change that to be 'at floor level'.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Well you DO have your own photo - jsut cite your source correctly. Where from, date it was from, etc. 
  • on.wheels
    on.wheels Posts: 65 Forumite
    10 Posts Name Dropper
    This afternoon I received an email from the Court saying that the hearing will take place as an attended hearing.

    If there’s no more advice on my WS/Evidence bundle I’ll get it printed and delivered and also email a copy to the claimant.

    Then I can look forward to the hearing!
  • on.wheels
    on.wheels Posts: 65 Forumite
    10 Posts Name Dropper
    I’ll take it to the court and email a copy to the Claimant on Friday, which is the filing date.

    As soon as I receive their WS I’ll post here.
  • on.wheels
    on.wheels Posts: 65 Forumite
    10 Posts Name Dropper
    edited 14 August 2020 at 1:49PM
    I've received the Claimant's WS and evidence bundle. I hand delivered mine to the Court this morning and will email a copy to BW Legal in an hour or so.

    I've attached their WS (in 3 parts as the file size was too big), but not before removing my details and most of the evidence photos. It seems to me that they have put some effort in to win this, although I have not before seen a Claimant's WS so am interested to know your thoughts.

    I haven't had a chance to read it all properly but I spotted 2 things initially:
    1) Para 76 says "it is brought to the courts attention that the signage displayed within the Car Park fully display the Claimant's details". As I said in my WS it actually displays the wrong company number.
    2) Para 80 puts me to strict proof that it doesn't say "PLACE THIS SIDE UP ON DASHBOARD". It actually says "PLACE TICKET ON DASHBOARD" and can prove this as the ticket is within my evidence bundle.



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