Thought I had a defence lined up, now doubting myself

MildPanic

@Coupon-mad

I was thinking of a signed letter by our Office Manager that confirms my allocated parking space, that I have 24/7 access to, just metres from where my vehicle broke down. 

Would this be an exhibit?

Coupon-mad

Yes, ideally stating that you have 'exclusive' use of that bay and a right of way to 'pass and re-pass' to gain vehicular access to it (that is important wording).

And stating that the manager regrets they will not be able to attend the hearing due to their daily work commitments and the likely adverse cost to the business in spending a half day attending, but the company is a leaseholder/tenant which lawfully occupies this land and is fully supportive of the Defendant's position, who was authorised to pass and re-pass and whose vehicle temporarily broke down 'en route' causing no obstruction or hindrance to any tenant companies.

Must be set out top & bottom like your own WS, with the right headings, and at the end the statement of truth, signature and date.

MildPanic

OK, thank you!

MildPanic

With the WS am I repeating parts of my defence?

Do I need to reference every part of my defence?

Le_Kirk

MildPanic said:

With the WS am I repeating parts of my defence?

Do I need to reference every part of my defence?

No, your witness statement is in support of and backs up your defence as already submitted.  What you do is to look at your defence and where you have stated something, for example, I have a permit, you supply a copy of that permit, where you said you paid, you provide proof of payment, where you said you are a resident and have primacy of contract, you provide copy of your lease etc.  These are just examples and are not specifically taken from your case.

MildPanic

OK, that simplifies it for me, thank you - tying myself in knots with some of the (excellent) WS examples that go in to detail re ParkingEye v beavis/ other case law.

Jenni_D

That's why @Coupon-mad pointed you to the profile of a forum member who has a good, well-structured WS to use as a starting point. Click that link, find their Discussions they started, read through (maybe start at the end and work back) until you find their WS - probably a Dropbox link.  

MildPanic

Thanks @Jenni_D - I was using that WS as my starting point but I kept going round in circles trying to apply various bits to mine that aren't relevant.

I've stripped mine back to the events as they occurred and relevant exhibits.

Much happier.

Thanks once again! 

MildPanic

How far ahead of the hearing date am I likely to see the claimant's WS etc?

Is this usually a last minute thing or should I expect it 14/7 days before the hearing?

Coupon-mad

It can't be seven days before, because they have the same deadline as you (unless the Court Order says differently).