UK PPO BW Legal Witness Statement

Coupon-mad

I will not have made any points about poor signage.

But you will have covered unclear signs (just not with close ups).

Zoom in on that first image though, as it's too distant as evidence IMHO.  Then screenshot separately the date of the image, in case by zooming in you crop that data out.

Surely the 2019 pic from that angle assists hugely, because you can say Google StreetView shows the purported (and mandatory) 'entrance sign' was twisted to only face cars coming from the foreground in your Exhibit xx and turning right into the side road.  But you turned left into it...didn't you?  A driver can't be reasonably expected or assumed to have seen a sign twisted away from you completely, and due to this and the presence of double Local Authority T-junction and 5mph statutory speed signs, there was nothing to suggest this road was suddenly 'private land'.

And the more recent photo casts doubt on whether that sign was there at all on the material date. Great evidence!

Include as an Exhibit, the IPC Code of Practice from the correct year; specifically the paragraphs about mandatory entrance signs and their importance in order to alert a driver about the land being 'managed' and that contractual terms apply beyond that point..

Don't forget all the new stuff about the exaggerated costs now being banned by Government Ministers and declared in the Code's Foreword to have been 'designed to extort money from motorists'.

D_P_Dance

Of course you will.

soleldn

I have drafted a Witness Statement and will be submitting tomorrow (Thursday 3rd March)
Would really appreciate if anyone would be able to take a quick look at the key areas and let me know if anything needs changing/adding/removing. Do let me know if its helpful to upload anything else. Redacted WS with Exhibits at this link:
hxxps://www.dropbox.com/sh/msky17nib8yyxej/AACeaHMF_JyrGuSaaj0T5Mv_a?dl=0

soleldn

The Notice of Allocation letter says I should send the documents to the court and all parties by 14 days before the hearing but the attached instructions specific to the court say the documents should be sent to the court office by email and post (and to all parties) by 3 days before the hearing. Can anyone advise whether I should file 14 or 3 days before the hearing date?
And just to confirm it is just to the allocated county court office I need to send these - not to CCBCAQ@justice.gov.uk ?

Thanks!

KeithP

soleldn said:

The Notice of Allocation letter says I should send the documents to the court and all parties by 14 days before the hearing but the attached instructions specific to the court say the documents should be sent to the court office by email and post (and to all parties) by 3 days before the hearing. Can anyone advise whether I should file 14 or 3 days before the hearing date?
And just to confirm it is just to the allocated county court office I need to send these - not to CCBCAQ@justice.gov.uk ?

Thanks!

All court orders must be complied with.
That means the 14 day deadline must be adhered to.

The County Court Business Centre plays no further part once a case has been transferred to a hearing court.

1505grandad

Para 24  -  BPA CoP in stated should be IPC

soleldn

Thanks! have update to reflect IPC and removed BPA
Submitting today so would appreciate any other feedback on the WS

soleldn

should I send my WS to the BW legal representative listed on papers received from BW or just the general BW mailbox?
PS any last minute edits welcomed Can't thank everyone enough for the time and help dedicated!!

Coupon-mad

https://www.dropbox.com/sh/msky17nib8yyxej/AACeaHMF_JyrGuSaaj0T5Mv_a?dl=0&preview=Witness+statement+redacted.pdf

Shouldn't exhibits 3, 4 and 5 be in date order, to be easier for the Judge to see how it looked year on year?  Might have to rejig a bit to achieve that.

The rest is really good, nice evidence and use of the new Code of Practice against the pseudo debt recovery add-ons.

Send it to whatever email BW Legal used to email you.  The deadline remains 14 days (NOT 3).

soleldn

Thank you! The Claimant has sent a witness statement and included a close up picture of the sign with more detailed terms on the site. I have a picture of this sign thats taken from a few feet away and shows that the text is not very readable from a short distance - should I include this as an Exhibit?