EMA airport fine for stopping at double yellow line - court date in near future.

KeithP

san2020 said:

Le_Kirk said:

Here is your link made live, a normal tactic that letter, if they think they might lose: -
https://www.dropbox.com/s/5rgenlsao6az3i3/elms1.jpeg?dl=0

thanks, so plan is to wait for their WS which may come at some point from Claiment? I am not prepared with any WS for this yet. will keep you posted.

Your plan should be to prepare your Witness Statement assuming you will not see the Claimant's WS before you have to file and serve yours.

If you do see their WS in time to comment on it in yours, then consider that a bonus.

nosferatu1001

Get your WS together
Now
Plan for you NOT seeing their WS before you MUST have filed your documents
You do not miss a court deadline. If you do you lose. 

san2020

KeithP said:

san2020 said:

Le_Kirk said:

Here is your link made live, a normal tactic that letter, if they think they might lose: -
https://www.dropbox.com/s/5rgenlsao6az3i3/elms1.jpeg?dl=0

thanks, so plan is to wait for their WS which may come at some point from Claiment? I am not prepared with any WS for this yet. will keep you posted.

Your plan should be to prepare your Witness Statement assuming you will not see the Claimant's WS before you have to file and serve yours.

If you do see their WS in time to comment on it in yours, then consider that a bonus.

I am happy amending the WS of someone but I cannot think of any item which I need to add in blank WS, whilst the Defence was also not great. Any examples would be good, relating to EMA airport and stopping in a zone where stopping is prohibited. Much appreciated. 

KeithP

Your Witness Statement is your opportunity to tell your story.

In the second post of the NEWBIES thread, following the bold letters "LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!", you will find details about gathering evidence.

A few lines further down, following the heading "WITNESS STATEMENT - EASY STAGE - YOUR 'STORY' & EVIDENCE", is a link to a sample Witness Statement.

san2020

Any advise on the portion below? what other portions do I need to add please?

"The facts as known to the defendant:

2.       It is admitted that I was the registered keeper of the vehicle in question  and the driver of the vehicle but liability is denied. I received very late request to be a volunteer to drop a community member to the airport. I found this a privilege to assist a member of the community and did not charge any money, fuel expense or any other favour. In fact, I would seize a similar opportunity to assist in in future.

3. I drove towards the East Midlands Airport and noticed that there were wide and double lanes everywhere. The cars were able to manoeuvre easily, the signs were present but not fully readable, due to poor lighting, especially when driving. I did not find the opportunity to fully read the signs without stopping the vehicle.

I was not of any plan to park, or seize the opportunity to use any other stay, except to find an opportunity to drop the passenger as near to the entrance of the airport as possible. I saw the barriers which were leading to parking, which would not open automatically. I moved the vehicle to the side of the road, to allow the passenger to drop off. As per the evidence, the other vehicles at that time of the night did not have any problems passing by around the vehicle. I was also searching for the opportunity to use a U-turn, but it was not present. I saw the opportunity to reverse out until it was possible to make a U-turn. I moved away from the space and went into the Fuel Station nearby.

Coupon-mad

Why are you adapting a DEFENCE when you are saying you are at WITNESS STATEMENT stage?

san2020

Le_Kirk said:

You can amend or file an alternative defence but it costs £100 (I believe).  Your best chance is to try to recover it by writing a comprehensive witness statement.  Unfortunately it is not possible to introduce new defence points in your witness statement so it will have to be carefully crafted.  As asked by @nosferatu1001 what is your deadline?

Any advise on what to included in this comprehensive witness statement? this is without introducing new defence points? DL is 5th May. 

san2020

Coupon-mad said:

Why are you adapting a DEFENCE when you are saying you are at WITNESS STATEMENT stage?

This is my WS. I believe this is just point 2 and 3 which I have worked on. As this is a EMA stopping where stopping is prohibited area, I did not find the remaining point to add to my WS.

I am losing it by the day and the time is decreasing as well for my WS.
(I still have the 2nd PCN at Fuel station at EMA as well. I am hoping to submit the defence for that one, with the request to combine both cases. I am yet to send the defence for the Fuel station one). I appreciate you trying to help, but I am getting stuck with my limited understanding.

Coupon-mad

But adapting points 2 and 3 is what you do with our template defence.  We can tell you are looking at the template defence because of the heading.

A witness statement just tells the story of what happened, like you see in any other WS example on any thread, literally read any court claim thread to see a WS done.   Copy one and adapt it.  A WS is the story of facts and builds on the points made in your defence, and attaches your evidence.

There is one example of a WS in the NEWBIES thread and it doesn't look like that.

SayNoToPCN

san2020 said:

Coupon-mad said:

Why are you adapting a DEFENCE when you are saying you are at WITNESS STATEMENT stage?

This is my WS. I believe this is just point 2 and 3 which I have worked on. As this is a EMA stopping where stopping is prohibited area, I did not find the remaining point to add to my WS.

I am losing it by the day and the time is decreasing as well for my WS.
(I still have the 2nd PCN at Fuel station at EMA as well. I am hoping to submit the defence for that one, with the request to combine both cases. I am yet to send the defence for the Fuel station one). I appreciate you trying to help, but I am getting stuck with my limited understanding.

You need to be writing a 

Witness Statement

What you copied in above is a defence. It is NOT a witness statement. 

You have to look at example witness statements. It has been about 3 weeks and you still have not done so, because paras 2 and 3 are from the defence template and NOT a witness statement

We can only show you so far. You must understand the difference between a witness statement and a defence, because you are writing the former. 

How many witness statements from other people have you read? 1? 21? 24? There are literrally dozens available to you to read so you can understnad what you need to be doing.