DCB legal for VCS. Witness statement due 9th April. Urgent help appreciated

beamerguy

D_P_Dance said:

 the point here being did DCBL add on a fake £70 AS  THEY NORMALLY DO and have they signed a statement of truth stating the fake add on is lawful ?

Remind me, would that be contempt of court, or perjery?  

For witness statements, the statement of truth’s wording will be as follows:
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.

This would surely mean that a witness statement with a signature stating that the unlawful of £60/£70 is lawful. Such a statement would go against what the courts are saying and then who was lying, the courts or the claimant

D_P_Dance

CM,this is totally unacceptable in a Civil Court, it is highly uncivil.  If I had been there I would have complained to the Bar Council.  Did you?

Le_Kirk

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 

I submitted an appeal using my details. So from there they are saying that is in effect admitting to being the driver

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 
Reading the witness statement by Jake Burgess (there's a familiar name) he states that as the driver had not paid, they obtained the name and address of the registered keeper.  Something is not right somewhere.

Registered keeper is a relative but not me nor have I ever been.?

But who is named on the court papers?  In whose name did you (or anyone) submit the defence?  Who completed the AoS and in whose name?

Viera90210

Le_Kirk said:

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 

I submitted an appeal using my details. So from there they are saying that is in effect admitting to being the driver

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 
Reading the witness statement by Jake Burgess (there's a familiar name) he states that as the driver had not paid, they obtained the name and address of the registered keeper.  Something is not right somewhere.

Registered keeper is a relative but not me nor have I ever been.?

But who is named on the court papers?  In whose name did you (or anyone) submit the defence?  Who completed the AoS and in whose name?

All forms are in my name.

Viera90210

beamerguy said:

D_P_Dance said:

 the point here being did DCBL add on a fake £70 AS  THEY NORMALLY DO and have they signed a statement of truth stating the fake add on is lawful ?

Remind me, would that be contempt of court, or perjery?  

For witness statements, the statement of truth’s wording will be as follows:
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.

This would surely mean that a witness statement with a signature stating that the unlawful of £60/£70 is lawful. Such a statement would go against what the courts are saying and then who was lying, the courts or the claimant

So should I open with this?

beamerguy

Viera90210 said:

beamerguy said:

D_P_Dance said:

 the point here being did DCBL add on a fake £70 AS  THEY NORMALLY DO and have they signed a statement of truth stating the fake add on is lawful ?

Remind me, would that be contempt of court, or perjery?  

For witness statements, the statement of truth’s wording will be as follows:
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.

This would surely mean that a witness statement with a signature stating that the unlawful of £60/£70 is lawful. Such a statement would go against what the courts are saying and then who was lying, the courts or the claimant

So should I open with this?

No,  the point is to make the judge aware of the fake add on and what other courts have said.
If their signed statement of truth claims the fake £60 is a legitimate claim, that is time to refer the judge to the new Civil Procedure and let the judge take over

Le_Kirk

Viera90210 said:

Le_Kirk said:

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 

I submitted an appeal using my details. So from there they are saying that is in effect admitting to being the driver

Viera90210 said:

Le_Kirk said:

If you are not the Registered Keeper, how did you receive a charge notice in your name?  How did you receive court papers in your name? 
Reading the witness statement by Jake Burgess (there's a familiar name) he states that as the driver had not paid, they obtained the name and address of the registered keeper.  Something is not right somewhere.

Registered keeper is a relative but not me nor have I ever been.?

But who is named on the court papers?  In whose name did you (or anyone) submit the defence?  Who completed the AoS and in whose name?

All forms are in my name.

OK, now how did you get claim forms if you are not the RK nor the driver as per your OP?

Viera90210

I appealed in my name by email but I didn't give them my address so not sure where they got that from.
The car is registered to my address but not with me as rk. Maybe they just made the assumption?
Is this something of significance in terms of a defence?

Le_Kirk

Viera90210 said:

I appealed in my name by email but I didn't give them my address so not sure where they got that from.
The car is registered to my address but not with me as rk. Maybe they just made the assumption?
Is this something of significance in terms of a defence?

To me it is a mess and it looks like the claimant is chasing the wrong person unless they are going after you as driver.  I would make sure I laid it out with a timeline in the Witness Statement showing clearly how you got to this point and submitting, as evidence, the documentation you have received and sent.

beamerguy

I agree with Le_Kirk, a timeline is a good idea