Civil Enforcement Ltd claim form from back in summer of 2023

Le_Kirk

Witness statements are written in the first person, so "I" not "the defendant".  You also then go on to write about "the defence".  I guess you know about your "bookmarks not found" as they will be Word errors.

womble94

Le_Kirk said:

Witness statements are written in the first person, so "I" not "the defendant".  You also then go on to write about "the defence".  I guess you know about your "bookmarks not found" asthey will be Word errors.

Thanks for that. I have updated the WS to show first person.

I'm not sure what you mean regarding the following:  I guess you know about your "bookmarks not found" asthey will be Word errors ? 

Le_Kirk

womble94 said:

Le_Kirk said:

Witness statements are written in the first person, so "I" not "the defendant".  You also then go on to write about "the defence".  I guess you know about your "bookmarks not found" asthey will be Word errors.

I'm not sure what you mean regarding the following:  I guess you know about your "bookmarks not found" asthey will be Word errors ? 

When I opened your WS there were a load of "bookmark not found" errors, which usually come from errors in Word or whatever you were using to write your WS. When I click on your Dropbox link now it says file deleted!

womble94

My bad the new link is: https://www.dropbox.com/scl/fi/bd03crap5riufnfiv00eo/Witness-Statement.docx?rlkey=wncpldj152ddkf1tzua2xphju&st=37ilccn8&dl=0

I've gone through the Word document again and picked up some of the sentences that needed a comma and updated them. There are still some errors showing but that's just Word.

Coupon-mad

I wouldn't call that a 'witness statement' at all. because you have provided no information, no facts, no pictures of the place (to demonstrate a lack of signs), and you haven't said if you were LIKELY to be driving or not, nor even acknowledged whether you know the location.

The entire draft document is legal technicality arguments. The Judge will not be pleased.

I can't even tell from reading this draft whether it's a shopping centre, railway, airport road, hotel, your own home car park or ANYTHING and that is a big issue. The Judge might even dismiss your WS as prolix.

Be more forthcoming.

You MUST have a section being far more open about 'your story' - what you do or don't know, whether you received and appealed the PCN, who might have been driving - or why you do not know - and why they'd have been there, based on your local knowledge.

Para 9 starts 'The Defendant' (should be "I").

You should remove exhibits 2, 3 and 4 and the WS paragraphs that reference those 'other cases'. INSTEAD use the multiple judgments document collated by and posted in a thread by @Le_Kirk and call that Exhibit 1, and obviously re-write the paragraph about Exhibit 1 (which will be the Chan case plus lots of other judgments up and down E&W courts).

womble94

Coupon-mad said:

I wouldn't call that a 'witness statement' at all. because you have provided no information, no facts, no pictures of the place (to demonstrate a lack of signs), and you haven't said if you were LIKELY to be driving or not, nor even acknowledged whether you know the location.

The entire draft document is legal technicality arguments. The Judge will not be pleased.

I can't even tell from reading this draft whether it's a shopping centre, railway, airport road, hotel, your own home car park or ANYTHING and that is a big issue. The Judge might even dismiss your WS as prolix.

In my defence, I wrote that the PoC was insufficient as the location was not identified - 

Be more forthcoming.

You MUST have a section being far more open about 'your story' - what you do or don't know, whether you received and appealed the PCN, who might have been driving - or why you do not know - and why they'd have been there, based on your local knowledge.

Para 9 starts 'The Defendant' (should be "I").

You should remove exhibits 2, 3 and 4 and the WS paragraphs that reference those 'other cases'. INSTEAD use the multiple judgments document collated by and posted in a thread by @Le_Kirk and call that Exhibit 1, and obviously re-write the paragraph about Exhibit 1 (which will be the Chan case plus lots of other judgments up and down E&W courts).

Noted, I'll get this updated from what you have written above.

However, with regards to "I can't even tell from reading this draft whether it's a shopping centre, railway, airport road, hotel, your own home car park or ANYTHING and that is a big issue. The Judge might even dismiss your WS as prolix."

In my defence (and this is also in my drafted 'witness statement'), I wrote that the PoC was insufficient as the location was not identified - if I were then to go and put pictures / information of the place, will I not get pulled up on this?

womble94

apologies for the late reply i've been on holiday. 

as @Coupon-mad requested, I've amended paragraph 9 and taken out, exhibits 2, 3 & 4 and added in the multiple judgements document.

However, I'm struggling on what to write for the information part, I know I was definitely driving, but as mentioned, I wrote in my defence that the PoC was insufficient as the location was not identified and that due to the age of the alleged breach, I'm unable to recall the exact reason for the PCN. Therefore don't want to go back on my defence and get called out for it. Any advice here?

Coupon-mad

Do as I advised already. Facts and a level of detail about who was driving and why you were there doesn't unpick the defence that the claim hasn't pleaded the breach.

womble94

Ok perfect will get that updated and will send revised WS 

Coupon-mad

Show it to us first, for help/opinions.