County court next month after 1 year later

D_P_Dance

Have you complained to your MP?

Le_Kirk

WOODCHOP said:

Thank you Redx but I cant seem to find a witness statement by jrhys. I would have used by original post but it has been closed down as its been so long so its now hard for me to detail what's already gone on.

My case is based on me stopping to alight my now 6 year old boy into a property due to allocated bay being blocked by another vehicle. I have emails from the land / building owners to remove the PCN but was ignored by PCM. The signs they submitted into evidence contradict there own evidence taken at the a time of the alleged contravention. I am also in receipt of 2 different contracts for the exact same date by 2 different people between the managing agent and PCM. 

Does my witness statement have to follow the same order as my defence? Do I repeat the same information? 

Your witness statement (WS) is "in support of my defence as already filed".  It is a narrative, written in the first person "I" and supports and backs up with evidence what you stated in your defence.  It is the story of what happened on the dy and subsequently.  You cannot add new defence points.  You can refute everything that the claimant states in their WS that you consider to be "fraudulent" but make sure you do it with evidence/proof.

Redx

Your court order usually refers to reading the CPR rules , one of which mentions the 14 days prior to the hearing , but sometimes court orders make an order with different timescales than the standard 14 days , each court is different and yet you want clarity !!

The fact is that if your court order has it in writing , follow it , plus stick to serving the other parties ( court and claimant ) with your bundle no later than 14 days before the hearing date , unless told different , or ask the court , not us !

Instead of this to and froing , I don't know why you haven't already posted redacted pictures of the paperwork ?? Much easier if we can see what you can see , a picture paints a thousand words !

9 times out of 10 we find that the defendant hasn't studied the paperwork properly , until we see a picture and point out the obvious

Ps , not coming here for 12 months is one reason why you are so far behind, plus nobody else has complained about the jrhys example and many are actively using it

WOODCHOP

Thank le_kirk 

Can I ask when referring to exhibits I'd like to point out some incorrect facts about the claimants evidence, so do I copy them and exhibit them with my own reference or do I refer to them my page number of the claimants witness statement? 

Jenni_D

Personally I would refer to the claimant's exhibits using their references. But as said above, if what they've provided is erroneous then you need to prove that it is erroneous - you can't simply make a statement and expect it to override the C's evidence - that just puts it into "he said, she said" territory.

WOODCHOP

I appreciate that, it's in relation to signage which they provided in the notice to keeper and in their own witness statement which states the terms conditions applied 12hrs a day with no start or end time. But they have now provided in the witness statement a colour print out of the sign which states terms and conditions apply 24hrs a day contradicting their very own evidence. They have not given these exhibit numbers but just page numbers so do I refer it like that or create my own? 

Jenni_D

If in doubt, include the images in your own WS and give them your own references. It's really not rocket science.

WOODCHOP

I understand that witness statement is my story but do I still need to refer to certain case law relevant to my case or do I leave that in my defence for example abuse of process and Jobson vs homegaurd ect. ? Also if I reference to a section on case law do I need to send the whole case to the court in my electronic bundle? 

Jenni_D

@jrhys has a WS that is described as being a good one to use as a template ... look at that as the starting point for yours.

Le_Kirk

You cannot change your defence now but having referred to cases in your defence, you must send relevant sections) of anything you are relying on.  Some cases the judge will be able to look up in court (statute law for example).  Just check what others have done, have you read the WS by @jrhys?  It is here: -

https://forums.moneysavingexpert.com/discussion/6218950/defence-countrywide-parking-management-bw-legal#latest

and this is the Recorder Cohen discussion: -

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1