County Court Business Centre Claim - Help with defence facts

nosferatu1001

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Probate is to do with estates after death...

diffie

nosferatu1001 said:

How many witnesses will be turning up? The DEFENDANT is not counted in that.

I need some help here please. At the event there were the driver and a passenger - the ticket was paid and displayed correctly but it was not printed with the VRN. Who can be the witness if the DEFENDANT is not counted?

Umkomaas said:

Depends how many will provide a signed Witness Statement and if they are to attend the hearing to answer any questions. Does the passenger have anything to say to add to your evidence?

The passenger could confirm the facts reported in the defence document that the ticket was properly paid and displayed.

Redx

They only ask because if twenty turned up they need a bigger room , just put one or two , just in case , doesnt matter if there is one or none , do not overthink this , it's a matter of logistics , not pedantry

Witnesses may be there for other reasons than just witnessing the event , but it's simply a matter of possible numbers , so putting one or putting two should cover the maximum number , even if it ends up with none

nosferatu1001

Hence the question - how many witness are turning up? 1? 2? 20? 
Thats the number you put down
The D is a witness, but isnt needed to be counted normally because they have to turn up

Coupon-mad

The D is a witness, as nosferatu says, and if it is just you, the answer is one witness (you).

diffie

Dear all,

I've received the letter from the court that the telephone hearing is on second week of Dcember so the witness statement is being prepared now.

In the defence document the driver's identity was no revealed. Should the WS be prepared without revealiing the driver's identity and present the facts in third person as well?

What to do if the judge ask for the driver's details?

Any advised reference to to prepare the WS for "sticky keys"?

Thanks for the help. I'm really novice in the legal topic so please forgive me when I don't understand easily.

Le_Kirk

Witness Statements (WS) are written in the First Person (how else could you, the defendant be a witness?)  You are defending as registered keeper, even though you were not the driver at the time of the event.  If you are putting anything in the WS which you have learned from the driver, you just say so.  Did you check out the example WSs in the NEWBIE thread?

nosferatu1001

If you are not the driver, then state as such.  Why would you state who the actual driver is? You're breaching their privacy 

1505grandad

"Any advised reference to to prepare the WS for "sticky keys"?"

Have you read the posts on your thread - in particular 6th August by C-m.

Also the NEWBIES "sticky" has the following referring to a link re WS example:-

WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE

Redx

Playing devils advocate , if you were to be the driver and you are asked by the claimant or the judge if you were the driver , what would your answer be ?  It has to be truthful and evasiveness can mean they decide that on the bop you were the driver and so can prejudice your case , as would perjury !!

Sometimes it's better to admit it and therefore defend as a first person witness to the events if you were the driver

If you were not the Driver , then there is no discussion , you say so , clearly , early on but you are not legally obliged to name them , so don't name them , don't infer who it was either. You can state what you know of the case or have found out since , from the driver and other sources

As defendant you are witness numero Uno

Only you know , only you decide