Country Court Business Centre ...Claim form, please help!

Redx

newbies thread , second post , about halfway down where it talks about COVID19

Coupon-mad

Why didn't you just search the forum for TELEPHONE HEARINGS  - it's the first suggested result.

You are not trying to use this forum on a phone are you?  We are not linking the Telephone Hearings thread. It's far better that you learn what to do and how to use the forum properly to prepare for your hearing. 

Also search the forum for hearing tips rather than asking us!   Everything is here.

nicola_green78

Hello and thanks for help, OK i have to prepare a witness statement, do i admit to who was driving the vehicle? do i have to tell the truth here?
 my story is the first post, basically parked for 20 minutes on some land that had to the best of my knowledge a no parking sign...few weeks later got a PCN with a vague camera shot of the car being parked.
my husband is the registered keeper and he has done everything so far (not the driver in this incident?)
also can i use this opportunity to write for the judge for this case to be struck out? please advise.

KeithP

I am a little concerned.

This is the first time you have given any hint that you might not be the Defendant, yet throughout this thread you have continuously used the word 'I'.

Who is the named Defendant? You or your husband?

Do you understand that a keeper has more protection in law than the driver?

Also please give up any thought of not telling the truth in a Court of Law. But of course you the Defendant does not have to offer information that might help the Claimant.

nosferatu1001

As above
Youve never said anyone else was named as the defendant.
Has the defence been written IN THE RKs NAME? Yes or No?
YOU should not be writing anything, the defendant - presumably your husband - does. 

nicola_green78

My husband has emailed the defence and has done everything without mention of me, he has in no way indicated who was the driver. He was not the driver. So I guess he has to write the witness statement as he is the defendant. Without helping the claimant, what would be a good way to go about the WS? Many thanks in advance. 

Le_Kirk

Your (husband's) Witness Statement in "in support of my defence as already filed" and should support and back up everything that is claimed in the defence and provide evidence of what the defence claims.  The claimant will see the WS anyway as you are required to file (with the court) and serve (on the claimant(s)) and this is the normal process as you will have read in the NEWBIE sticky.

nicola_green78

Le kirk, when you say evidence do you mean cases like bevis etc...?

KeithP

nicola_green78 said:

Le kirk, when you say evidence do you mean cases like bevis etc...?

Evidence means stuff to back up the Defendant's claim.

If in his Witness Statement he says "the writing on the sign is too small", then one would expect to see a picture of the sign with small writing.

Your example is a bit different. The Bevis case was at the Supreme Court and the Judge in your husband's case will have access to that Judgment. You only need to point the Judge towards the relevant paragraphs of that Judgment in the Witness Statement.

In short, any statement in the WS needs evidence to back up that statement.

Le_Kirk

nicola_green78 said:

Le kirk, when you say evidence do you mean cases like Beavis etc...?

I see @KeithP has answered your question - follow his advice.