Defense Advice

ka2335

My hearing is 6th July, does that mean i need to submit my WS tomorrow? Does it have to be before a certain time in the day?

KeithP

ka2335 said:

My hearing is 6th July, does that mean i need to submit my WS tomorrow? Does it have to be before a certain time in the day?

Please re-read my post on your thread on 7 June at 5:04PM.

Minutes after that, you wrote...

ka2335 said:

ok, i need to get a move on and do my witness statement, will post on here once completed

...but we haven't seen it.

Needs to be filed with the court and served on the Claimant, together with all your evidence, by 4pm on that day.

ka2335

ok i'm calculating, 4pm tomorrow it has to be sent.
I have the witness statement and skeleton argument from the sols, so thats a slight advantage. Interesting they mention this forum and the template....
I'm using SJRRJS WS as a template, doing it now

Coupon-mad

They always mention MSE. Ignore that bit.

1505grandad

"Claimant G24 Ltd"  -  your template WS refers to BPA CoP  -  you should refer to the relevant IPC CoP in your WS  

Le_Kirk

The main sign in the center centre of the car park .........

Are you American?

Coupon-mad

Remove the brackets around Minster Baywatch.  But why have you put the Claimant as Minster Baywatch (completely wrong parking firm, surely?) 

Are we looking at the right WS?

I clicked on the first link.

I don't think you are ready. It reads like you've copied a Minster Baywatch defence without considering that lots of it (Fairlie v Fenton and anything about the BPA) won't be relevant.

Bransby Wilson Ticket machine?!

and why are you attaching Fairlie v Fenton?

If it's G24 they are NOT a BPA AOS member so delete the BPA CoP screenshot - makes no sense in the cover sheet.

That cover sheet needs binning.

Sadly, I believe the whole WS needs binning and you need to start again with correct info:

- Claimant, claim number on it at the top and

- a proper witness account as the statement.  

- An account that says what your defence is about and refers to your photo exhibits.

Your WS says there's no entry sign but there is, because you attached a clear photo of it (the P sign above the ANPR warning sign). And it's large and legible.

I would NOT include that photo and don't say there is no entrance sign, because you know there is.

You have put no facts (at all) about what happened. There's nothing by way if a defence here and this will lose. I can't see what you are trying to say.

You cannot just copy huge chunks of template stuff that's surely already in your defence (if you used the defence template)?  You don't have to repeat that in a WS.

This is meant to be your statement about what happened.

DO NOT SEND THIS.

Please type your statement about what happened.  You told us your defence would be about signs but that entrance sign is massive.  And readable.

The link shows us such a copy of an irrelevant WS that (if this is it) you could be clobbered at the hearing for extra costs as this could be argued to be unreasonable conduct.  You can't throw this at BW Legal and expect them not to object and call you unreasonable and try to add their £200 legal rep's costs on top.

Don't aim for 3pm as this isn't right for G24. Lots of work to do if the top link was the right one.

You can send it TONIGHT and it will be deemed OK.

Coupon-mad

What you typed in your first post on this thread is better as a witness statement than this...

ka2335

Hi,

Sorry should have made it clearer, ignore the cover sheet, i've haven't touched that yet, pages 3 and 4 are the ones i've drafted, i obviously need to complete the personal details and formatting.

My point about the main sign is that it's not at the entrance, the IPC COP is clear that an entrance sign should be placed if possible and you can see from the street view that it is possible, there is a clear entrance with a wall either side

I will use your feedback and advice and get back to you with another draft later this evening

Coupon-mad

ka2335 said:

Hi,

Sorry should have made it clearer, ignore the cover sheet, i've haven't touched that yet, pages 3 and 4 are the ones i've drafted, i obviously need to complete the personal details and formatting.

My point about the main sign is that it's not at the entrance, the IPC COP is clear that an entrance sign should be placed if possible and you can see from the street view that it is possible, there is a clear entrance with a wall either side

I will use your feedback and advice and get back to you with another draft later this evening

Is there a draft to check?  Shouldn't take long, it's merely adding your story and photos to make it make sense.

Make sure it is submitted to the local court and the C's solicitors, by tomorrow 3pm as it's Friday and one day late isn't awful.