Help Needed - Defence for PPS PCN -WS Stage

Goodboy18

Le_Kirk said:

Your witness statement (WS) backs up and supports your defence with evidence and the story (sequence of events) and only you know the story.  If the claimant's WS is claiming something that is not factually true, you point this out in your WS with evidence to back up what you state and to disprove what the claimant states.
There are good examples of recent WSs by @jrhys and @Nosy.

Coupon-mad said:

Email - and obviously not just to the court.

Good examples of WS and evidence are by @jrhys and @Nosy

I have come up with a draft, appreciate if you can check it esp with yellow highlights. Thanks
hxxps://www.dropbox.com/s/t60jmj3q05rnxmv/WitnessStatement%20v0.1.pdf?dl=0

Le_Kirk

Your link made live: -
https://www.dropbox.com/s/t60jmj3q05rnxmv/WitnessStatement v0.1.pdf?dl=0
Looks good and refutes the claimants claims; assuming you put that in your defence you are doing the right thing in backing it up and providing evidence.

Goodboy18

Le_Kirk said:

Your link made live: -
https://www.dropbox.com/s/t60jmj3q05rnxmv/WitnessStatement v0.1.pdf?dl=0
Looks good and refutes the claimants claims; assuming you put that in your defence you are doing the right thing in backing it up and providing evidence.

Thanks, is there anything that i can add for the Keeper Liability?
Also is the (legal) language correct for the yellow highlights.

Le_Kirk

Goodboy18 said:

Thanks, is there anything that i can add for the Keeper Liability?
Also is the (legal) language correct for the yellow highlights.

If you want the legal language checking you will have to ask a solicitor as we are not allowed to give "advice" just our opinions and IANAL.  If by keeper liability you mean the keeper is not liable as the PPC's claim is not POFA compliant and you have it in your defence then you would want to add something about POFA and have the relevant parts of it in your evidence section.

Goodboy18

Le_Kirk said:

Goodboy18 said:

Thanks, is there anything that i can add for the Keeper Liability?
Also is the (legal) language correct for the yellow highlights.

If you want the legal language checking you will have to ask a solicitor as we are not allowed to give "advice" just our opinions and IANAL.  If by keeper liability you mean the keeper is not liable as the PPC's claim is not POFA compliant and you have it in your defence then you would want to add something about POFA and have the relevant parts of it in your evidence section.

do you recall any other WS having that, I can grab something from there?

Le_Kirk

Search the forum and you should find some.  Did the examples by @jrhys and @Nosy not have it?

Coupon-mad

Thousands over the years.  You don't need to copy someone's words though.

Presumably, you already know why the PCN is 'non POFA' and which part of Schedule 4 to quote, if you considered this at defence stage?  That's all you spell out for the Judge and it's important you understand it (not us) because you're the one who has to explain the wording omissions or PCN service timeline to the Judge.

1505grandad

Para 26  -  unless I am missing something this para is the first time that the names of Judges Jackson and Hickinbottom are mentioned:-

"26.  Secondly, given the specificity of the conclusions of Judges Jackson and Hickinbottom, and their direct relevance to this claim,............"

Is there perhaps supposed to be a para regarding the Judges involvement prior to 26?

Goodboy18

1505grandad said:

Para 26  -  unless I am missing something this para is the first time that the names of Judges Jackson and Hickinbottom are mentioned:-

"26.  Secondly, given the specificity of the conclusions of Judges Jackson and Hickinbottom, and their direct relevance to this claim,............"

Is there perhaps supposed to be a para regarding the Judges involvement prior to 26?

this is in the jrhys ws template and it seems that these two judges have striked off lots of cases for claiming double recovery

Goodboy18

Another quick one - my WS is almost ready - do I need to send anything else apart from the WS (like Defence, etc) to the court and Claimant?