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Sending witness statement by email?

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Comments

  • wizzybee
    wizzybee Posts: 71 Forumite
    10 Posts
    This is what I said...
    13. The Contravention Date given on the PCNNTK is 16/03/2019. The Leaseholder Witness Statement Para 6 states "This authority is contained in a lease running from 19/03/2019 to 18/03/2024"
    14. Paragraph  9 of the Claimant's Withness Statement also states "The Claimant submits that they have the authority to implement a parking scheme sind 19th March 2019...". According to the Claimant the lease started 3 days after the Contravention Date.
    15. The Claimant has not provided evidence that it had authority to operate the site on the Contraventino Date and therfor does not have the authority to issue parking charges or pursue payment by means of litigation. 



  • Coupon-mad
    Coupon-mad Posts: 154,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 May 2020 at 6:04PM
    That's good but you are taking a bit of a chance that the Judge sees all that.  

    Maybe follow up by emailing a concise, numbered skeleton argument (bullet points of the Defendants main points) plus your Summary Costs Assessment (signed & dated, showing hours spent at £19 per hour, plus any post/printing) if you haven't yet put that in.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • wizzybee
    wizzybee Posts: 71 Forumite
    10 Posts
    I included the summary costs assessment with the witness statement. 
    Do judges just skim read witness statements then? 
    Wasn't the first defence submission a summary of the expanded points in the WS? 
  • Johnersh
    Johnersh Posts: 1,562 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    * The Defence is the full legal argument
    * The witness statement is an account of what you say happened.

    Because of the way parking companies do their statements (usually an employee making generic statements who has never even seen the land/car park in question) they tend to blur into expositions of law - not always reliably interpreted. That isn't their true purpose. 

    * The skeleton is optional, is sent near to the date of the hearing and in a parking case can probably be limited to your "top 3 points" if you have a paginated bundle include references to the documents. 

    No doubt the claimant will argue the toss about buying Buckingham palace...
  • Umkomaas
    Umkomaas Posts: 43,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do judges just skim read witness statements then? 
    Have you seen the word count of some of the WS thrown at Judges from posters on here, often running to 4,000+ words, on top of which will be all the evidence attached?  Plus the size of the Claimant's WS - 40+ pages, then there's the Defence (the current template, as a minimum is 2,400 words, plus para 16 and 17 inputs to add in). And maybe he will have 5 or more parking cases to deal with that day. I don't think it's humanly possible to comprehensively read and cogitate the nuances of very detailed verbosity, without resorting to skim reading. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 154,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you are intent on letting the Judge decide the case in your absence, I strongly suggest a skeleton argument then.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • wizzybee
    wizzybee Posts: 71 Forumite
    10 Posts
    ok!

    thanks for helping
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