PCN - Letter Before Action - help

Coupon-mad

There is a thread about this today.  Just read today's threads. The answer is a big fat NO for obvious reasons.

Why two witnesses? The Defendant is one witness.

anged

Coupon-mad said:

Why two witnesses? The Defendant is one witness.

One being the defendant and one being the disabled mother-in-law who got picked up.
Am I wrong in thinking that she can be a witness?

Coupon-mad

She can, yes.  You are correct with 2 witnesses.  MIL will have to attend the hearing or it's hearsay, though.

anged

Hi.  I've received the notice to hearing which will be on 22nd Sept.
WS submitted by 16th August.

I know that the defendant has to supply a WS.
Does the mother-in-law have to supply another WS which has all the same headings & legal statements etc.
Or do I add a paragraph to the defendant's WS stating what the M-I-L says, also a "refer to exhibit xxx for blue badge as !!!!!! of being disabled"?
After all, the MIL will just be saying that she had a meal, and was picked up by son-in-law.  She is not conscious of how long it takes for her to get out of her chair and actually out of a building, then get her into the car and strap her in.  

Le_Kirk

anged said:

Hi.  I've received the notice to hearing which will be on 22nd Sept.
WS submitted by 16th August.

I know that the defendant has to supply a WS.
Does the mother-in-law have to supply another WS which has all the same headings & legal statements etc.
Or do I add a paragraph to the defendant's WS stating what the M-I-L says, also a "refer to exhibit xxx for blue badge as !!!!!! of being disabled"?
After all, the MIL will just be saying that she had a meal, and was picked up by son-in-law.  She is not conscious of how long it takes for her to get out of her chair and actually out of a building, then get her into the car and strap her in.  

Did you mean claimant?  Your M-I-L is the defendant and has to supply a WS which backs up and supports the defence with evidence.

anged

I did mean the defendant in my initial question.
I have put down on my N180 that there are 2 witnesses.  One being the driver, 'Defendant' and the other being the MIL who got picked up.
So, I was just asking if 2 x WS have to be submitted?

Thanks

Coupon-mad

I would.  Her account and Blue Badge adds weight to the Defendant's case.

As I already told you on 12th June, MIL should attend the hearing as well (in-person or remote?).

Latest good example WS bundles are by:

@Daiapolon2021

@aphex007

But you'll also need sections of the Equality Act 2010 and the (separate but also mandatory law) the EHRC statutory Code of Practice for Service Providers (Google it).

Le_Kirk

anged said:

I did mean the defendant in my initial question.
I have put down on my N180 that there are 2 witnesses.  One being the driver, 'Defendant' and the other being the MIL who got picked up.
So, I was just asking if 2 x WS have to be submitted?

Thanks

Ah, that makes sense now and I see answered by @Coupon-mad

Coupon-mad said:

I would.  Her account and Blue Badge adds weight to the Defendant's case.

As I already told you on 12th June, MIL should attend the hearing as well (in-person or remote?).

Latest good example WS bundles are by:

@Daiapolon2021

@aphex007

But you'll also need sections of the Equality Act 2010 and the (separate but also mandatory law) the EHRC statutory Code of Practice for Service Providers (Google it).

anged

Received a letter from CEL offering a reduced fee to settle before court.  The fee is reduced back to the original £60 plus £35 court fee for issuing the claim.

Is this just standard practice for all cases or do you think that they are in some doubt as to whether they will win on the day?

Le_Kirk

The usual reason for offering a reduction is because they feel "on dodgy ground" with their claim and that you have a good defence.