Not the driver or keeper, driver now living abroad

Slainte1

Thank you all for your helpful responses. The defence was submitted today and acknowledgement received. Now to prepare for the next stage. 

Slainte1

Ok so I've had my SAR returned and they're refusing to give data on payments made that day, other than there was no payment made under the vehicle reg. On another thread a case was thrown out because the claimant didn't produce Pay By Phone records, where the defence had partially entered a reg by phone by mistake. In my case I'm not sure if my driver made any attempt to pay by phone. Their photos of signs(looking the same as ones submitted in a 2018 defence) are not as I photographed, and are not dated. Orange wording warning of the charge has now gone.   
The two directors of Minster Baywatch are the two Directors of Bransby Wilson.  BW has 75% shares and voting rights of MB.  Does this work in my favour? The signs are  all BW but the claimant is MB.  The sign says in tiny writing 'Bransby Wilson and the owners of this private land accept no liability'...... etc ....(I presume this infers that BW are not the owners)

I've seen a copy(provided in a previous appeal case) of the 'licence agreement' allowing Minster Baywatch to act on behalf of Bransby Wilson, no mention of land ownership, dated in 2017 but signed in 2015. I would copy it here but I'm wary of 'spies' and it requires MB to keep confidential the clients name (which is the same two people anyway). 

They've sent me photos of the car entering and leaving, where it is clear that it is a male driver, I'm female. The male is entering and attempting to see the signs which are not in his field of vision.
I've also just received a copy of their DQ but will wait for the court to send me mine. 

Although I cant call the driver as witness in person, as he is in Thailand, I intend to get a witness statement, would I count them as a witness in the DQ, question E3?

Please tell me if I've said too much that will reveal my case and Ill delete this post. comments most welcome. 
Regards and thanks

Coupon-mad

Yes put down 2 witnesses if you wish to later send two WS.

I think you are on the right track (have done all you can so far) and their signage photos (lack of image date, plus that the contract is offered by a disclosed Principal) will be their downfall.

Slainte1

I’ve just received my notice of small claims track hearing. I noticed the new template defence and the new government consultation. I never received notifications of comments to the thread I was following

Should I be revisiting/ revising my defence or include references in my witness statement. 

I’m due to go on holiday the following day. It’s going to send my stress levels sky high.  

Any advice most welcome. 

Thanks in advance 

Coupon-mad

The latest exemplar WS bundle is the one I've just added to the NEWBIES thread (which I've started to edit today).

That one shows you what the bundle looks like and it reflects the DLUHC analysis so it is as up to date as you can get!

Slainte1

Coupon-mad said:

The latest exemplar WS bundle is the one I've just added to the NEWBIES thread (which I've started to edit today).

That one shows you what the bundle looks like and it reflects the DLUHC analysis so it is as up to date as you can get!

Thank you so much.  I will get my witness statement together and post on here if appropriate. Is there a size limit to the bundle, what size should I reproduce photographs, 

Coupon-mad

Just merge your evidence PDFs into one at the end, and re-size it by compressing the PDF (free online tools do this).

It has to be small enough to work as an email attachment.  Should not exceed 50 pages.

Slainte1

Hi folks 
I have finally produced my (hopefully redacted) WS see link to dropbox.  Please let me know if I should produce it any other way.  Anyway it has been sent to the court but is missing the reproduction of Fairlie vFenton, i simply cannot find it using google, or here.  Does anyone have a quick link.  This is  Minster Baywatch Bransby Wilson Case hinging on poor signage and lack of legal authority from landowner, also exorbitant charges.
Gladstones are not sending anyone to represent them.  i will produce their WS when i redact it.
I know its far from perfect but comments are welcome please. I am hoping the court will allow an additional late exhibit.

https://www.dropbox.com/preview/Minster Baywatch/my drafts/Minster Baywatch defendant witness statement (edited).pdf?context=pdf_editor&role=personal#

Thank you so much for your help.  Frankly this has been way too much effort to be worth it.  But I'm doing it for justice and to prevent similar experience for others.

KeithP

You tell us that you have sent your Witness Statement to the court and are now asking for comments on it.
Wouldn't it have been best to ask for comments before sending it?

Apart from that, did you also send a copy of your Witness Statement and evidence to the Claimant?

Edited to add...
Dropbox wants a signin to view that document.

Coupon-mad

Asking for comments would have been better for you, because we'd have advised you to add (new silver bullet) CEL v Chan, to try to kill the case.