Mystery CCJ - any support appreciated

LJG83

As for the costs schedule I’ve put in 10 hours at £19’p/h. Not sure of that is deemed reasonable or not however it’s probably took longer and I’ll have to take 1/2 days annual leave too if it goes to a hearing. 

henrik777

Personally i'd put the wrong claimant first and foremost. Even the grumpiest, least open minded judge ever is unlikely to be able to bend that.

Coupon-mad

I agree with henrik777.  And you don't need all that lengthy and slightly out of date (now) stuff about added costs. 

That bit should mention the Semark-Jullien damp squib appeal and be more concise, like the WS example in the HX thread that I wrote last month.

Le_Kirk

A Witness Statement (WS) is written in the first person and you have slipped between "I" and "the defendant".  As others have said it is long!  It should be a narrative of what happened on the day and subsequently. If you weren't driving on the day, it is the story as told to you by the driver.  It should not be a reworking of your defence but rather "in support of my defence as already filed" and provide evidence, for example where you state that the PCN was not POFA compliant you should include the evidence of the PCN and point out where it fails.  Evidence convention notation is INITIALS_001 to INITIALS_00n.

LJG83

henrik777 said:

Personally i'd put the wrong claimant first and foremost. Even the grumpiest, least open minded judge ever is unlikely to be able to bend that.

Thank you - now amended as suggested. 

LJG83

Coupon-mad said:

I agree with henrik777.  And you don't need all that lengthy and slightly out of date (now) stuff about added costs. 

That bit should mention the Semark-Jullien damp squib appeal and be more concise, like the WS example in the HX thread that I wrote last month.

Thank you CM - much appreciated. I’ve located the S-J statement. Are you able to advise which numbers I take out of the old statement to then include this please? Sorry I know you’re busy - obviously I’m just nervous about taking out a part which is key by mistake. 

LJG83

Le_Kirk said:

A Witness Statement (WS) is written in the first person and you have slipped between "I" and "the defendant".  As others have said it is long!  It should be a narrative of what happened on the day and subsequently. If you weren't driving on the day, it is the story as told to you by the driver.  It should not be a reworking of your defence but rather "in support of my defence as already filed" and provide evidence, for example where you state that the PCN was not POFA compliant you should include the evidence of the PCN and point out where it fails.  Evidence convention notation is INITIALS_001 to INITIALS_00n.

Thank you. I’ll trim it down and alter to first person. It’s one of those where heart takes over head and you’re so keen to win and therefore include war and peace (to its detriment)! 

LJG83

Coupon-mad said:

I agree with henrik777.  And you don't need all that lengthy and slightly out of date (now) stuff about added costs. 

That bit should mention the Semark-Jullien damp squib appeal and be more concise, like the WS example in the HX thread that I wrote last month.

Can I also ask your opinion on costs please. I’ve seen in some other threads that seeking costs may reduce the chance the case may be struck out. Do you think this is the case in your opinion? 

nosferatu1001

It wont make any diference 

Did you explain the two types of costs? You have normal costs - half days loss of pay OR LEAVE that you of course EVIDENCE, capped at £95 - and you have UNREASONABLE BEHAVIOUR costs. The latter is the £19 per hour,a nd you need to explain why in concise bullet points you should be granted them. You know this because its on all threads talking about costs. Yo uhave to justify unreasonable behaviour. 

Coupon-mad

LJG83 said:

Coupon-mad said:

I agree with henrik777.  And you don't need all that lengthy and slightly out of date (now) stuff about added costs. 

That bit should mention the Semark-Jullien damp squib appeal and be more concise, like the WS example in the HX thread that I wrote last month.

Thank you CM - much appreciated. I’ve located the S-J statement. Are you able to advise which numbers I take out of the old statement to then include this please? Sorry I know you’re busy - obviously I’m just nervous about taking out a part which is key by mistake. 

Just remove everything about the added costs and the Southampton case and copy my version instead.