Court in Febuary, need advice on evidence pack

Sam1324

I have another question if anyone is able to answer.

I am defending the case on behalf of the registered keeper. I was the driver of the car during the alleged offense. As part of my defense it is important that I can prove I was the driver (to match electronic check in data at the venue where the alleged infraction occured). I am going to get the keeper to write a witness statement confirming I was the driver that day, and show proof I was insured on the car for that period.

My question is - does the keeper have to attend court on the day or can the witness statement just be read on his behalf. He is unable to attend court on the day.

Fruitcake

The person who is named on the claim is the defendant and must attend.
If the scammers are claiming against the keeper, then the keeper must attend and defend.
If the driver was identified at an earlier stage and named on the claim form, then the driver must attend and defend.

Anyone can act for the defendant as a Lay Rep, but the defendant must attend and answer questions.

1505grandad

"I am going to court at the end of Febuary for a ticket recieved two years ago."

"I am defending the case on behalf of the registered keeper."

Who is the Defendant on the Court docs?.

Sam1324

Thoughts on my witness statement?

Still have to add the recommended popla regulations ETC from the newbie thread as Exhibit F.

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Civil Enforcement Ltd (Claimant)
and
Sally6588 (Defendant)

---

Witness Statement

---

1. I am xxx, of xxx, the driver of the car which is the subject of this case. I will say as follows:

2. On the xx06/2017 I was a member of xxx. I checked in using their electronic check in system at xxx. See Exhibit A.

3. As seen in Exhibit B, the contract that it is alleged I entered and broke is barely visible on a small sign placed next to the car (Reg: xxx). The sign states ‘THIS IS A PRIVATE ROAD AND CAR PARK AUTHORISATION MUST BE OBTAINED FROM xxx’.
4. As seen in Exhibit C, a statement from xxx states ‘Visitors at the castle are welcome to park in the internal roadways for no extra charge’. Thus, ‘AUTHORISATION’ had evidently been obtained for me to park the car I was driving at xxx on xxx.

4. In addition to this due to the positioning of the sign being well below eye level and containing small ineligible text (See Exhibit D), I did not see the sign or its details when entering xxx. Thus, I strongly contest that I ever entered any kind of contract with the claimant.

5. Upon receipt of a parking charge notice from the Claimant, I contacted them on the phone and supplied all the above information. However, they have elected to pursue this matter via litigation.

6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

7. I invite the Court to dismiss this claim in its entirety, and to award my costs (As shown in Exhibit E) of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth,

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Redx

You can provide a WS on behalf of the defendant , as an additional WS

The defendant is defending this , not you

It is THEIR as , not yours

Their evidence as exhibits , not yours

They must attend , not you

All the following is not relevant

"I Me , My , Myself & I"

Although you may have been the driver , it's nothing to do with you as the defendant is not you , until you realise this ,you cannot win because you are only helping the defendant

Post Their we below , then post your own if you are a supplemental witness

But , you cannot be a witness if you are a lay rep , neither can you be a lay rep if you are a witness , it's one or the other

Currently you are failing the basics

Coupon-mad

Sam1324 wrote: »

Can you explicitly explain how to label my exhibits. Why use GH, is this standard or just randomly chosen?

Can I highlight get points on my exhibits?

They are not your exhibits. They are the Defendant's.

The Defendant MUST attend court even if you are speaking for them as lay representative, hope you know that and they do too.

Show us their costs schedule and their supplementary WS about the added £60, like everyone else does in these cases, as per post #14 of the ABUSE OF PROCESS thread by beamerguy.

Sam1324

I am able attend in the defendants absense, as stated by the judge:

"Pursuant to the court’s discretion under CPR PD27 paragraph 3.2(3), the Defendant’s son may represent him at the hearing in the Defendant’s absence."

In light of this - how should I phrase MY witness statement, given that I am not the defendent but have permission to represent him in the defendants absence.

Sam1324

I can re write the WS above from the perspective of my father, is this correct thing to do?

If so, is this still acceptable given that he wont/cannot attend the hearing.

Coupon-mad

I can re write the WS above from the perspective of my father, is this correct thing to do?

Yes, under your circumstances, you are allowed by your local court (unusually) to present HIS case in his absence.

So he signs his own WS and prepares his own costs schedule (with his many hours spent on this case at £19 per hour, and add in your own costs and hope the once Judge extends it that far, given the court has agreed to you attending you an argue that travel costs and your loss of leave was 'necessary' as an expense).

Take that Order with you in case it's another Judge at the hearing!

Sam1324

Is there a reason why the rate is set at 19 pounds per hour? I would like to state this in the costs sheet.

Also, how many hours is the maximum we can reasonably ask for. Its hard to put a real number on this due to my time being spent so sporadically on this, and its also hard to put a number on the 'cost' of the stress it has caused us.