BW Legal for PPM - Hearing August 2025

jd576

Coupon-mad said:

All looks reasonable for inclusion in your WS to me but I have no idea about this (below). Sounds like an Americanism and over the top for a small claim:

As a fallback, I might need to subpoena the lease agreement and any relevant documents from the leaseholder. 
I see I use an N20 for this purpose. What is the process for issuing the N20 to the 3rd party (the leaseholder)?

Is it really over the top? If I am to argue primacy of contract, then the lease agreement between the landowner and the tenant that gives unfettered right to park is surely a crucial piece of evidence, and if the leaseholder is not cooperative (they have no incentive to be cooperative), then how else do I get the lease agreement?

I could alternatively try to compel it from the landowner, the client of PPM?

Any input on some of the other questions, particularly how to submit video evidence as part of a witness statement? Be helpful to hear from anyone else who has done this successfully....

Gr1pr

Video evidence has to be a hard copy on a durable medium,  submitted to the court and to the lawyers acting for the claimant too, so a dvd or usb stick 

jd576

I am in the final stages of preparing my witness statement. Referencing other witness statements on this forum, many include a costs assessment at the end and ask for costs, particularly noting late discontinuations.

How does one even go about estimating these costs as a salaried employee? It would seem disingenuous to estimate the time needed to prepare the defence and witness statement and then claim this as a cost based on pro-rated earnings.

As a salaried employee, there is no real loss of income (I prepared these documents in my own free time). Granted, I need to take a day off work to attend the hearing, meaning a day of leave is sacrificed, but leave days are remunerated anyway.

I'm not averse to the notion of asking for costs, just hesitant that the method of calculating these costs would be scrutinised and open to challenge, so I'm inclined to leave them off lest it damage the credibility of the witness statement.

Coupon-mad

Loss of leave (your free time) is perfectly OK to claim. Usual rate in the CPRs is £19 per hour.

Don't expect to get it though. It depends upon you convincing the judge that the C behaved wholly unreasonably. 

jd576

A question regarding exhibits: some of the judgements that need to be submitted as exhibits, such as Beavis, are very long. Beavis runs to 123 pages long and another is 164 pages long.

Can someone confirm that I need to submit all cited case law as exhibits where I am referring to them in my witness statement? My understanding is that if I cite the case law then I should include the case as exhibits (evidence), otherwise it cannot be considered.

I fear the witness statement is going to be hundreds of pages in length when printed.

Coupon-mad

But nobody submits Beavis. Never!

It's a Supreme Court case your judge can access easily. Just link it as a footnote.

another is 164 pages long.

Which one? Somerfield?

jd576

Coupon-mad said:

Which one? Somerfield?

Yes, Somerfield [2011] EWHC 4023(QB). Good guess.

jd576

Coupon-mad said:

But nobody submits Beavis. Never!

It's a Supreme Court case your judge can access easily. Just link it as a footnote.

So then a footnote with a link like this to the case would be fine?

http://www.bailii.org/uk/cases/UKSC/2015/67.html

Coupon-mad

Yep and for Somerfield too. Make sure you grab the RIGHT ONE because it's the High Court decision you need. Not the CoA one that tends to come up when you first Google.

jd576

So, I was in the process of finalising my witness statement when the claimant's one popped into my letterbox today. In it, they're making one notably false claim. I have not yet updated my witness statement to account for anything in their witness statement and will do so after taking into account any advice I may receive here

Redacted versions of the following can be found on these links

1. My defence
2. The claimant's witness statement
3. My own witness statement - work in progress draft

To note

• I have the lease agreement between the tenant and the landowner that confers parking rights as an exhibit. I maintain the defence that the claimant has no standing to sue here due to primacy of contract. I also have an email chain with the tenant stating that they are not party to the parking management agreement and that it was just imposed on them.
• The claimant is showing signs that include signs not relevant to the bays where I parked. Relevant signs are all unlit, right from the entrance to the road up to the bays where I parked and are slightly different to the other signs. I have convincing photos and video evidence. All claimants photos are shot in the daytime and not at night when the incident occurred
• The claimant has made a number of insulting and untrue comments about word-for-word copying of a template defence. Do I respond to these in my WS?
• Perhaps most importantly, the claimant is now apparently claiming that I did not park in the bays belonging to the medical centre. This is a falsehood and something they've never asserted previously. They cannot prove that their ANPR camera functioned correctly. This appears to be the key part of their defence against the argument of primacy of contract. They're asserting something that is not true and for which they cannot supply any proof. What is the best way to counter this falsehood?
• The photographic evidence and schematic they have supplied as evidence appears to show an ANPR (?) camera installed where there is no camera installed. Looking at my own photos, there is a camera installed (whether it's an ANPR camera I don't know) in a different place, much higher. I will shortly go to the site to take more photos to verify this.

I'll need to submit my WS tomorrow to get it in in time, so would greatly appreciate some feedback here.