Witness Statement Vs Skeleton Argument

drobotnik

TL;Dr: Can anyone help explain what is meant to be in the Witness Statement and whether I should or shouldn't submit a Skeleton Argument.

I'm unfortunately being taken to court by VCS for failing to display a permit to park in my own residential parking space.

I've been using the extremely helpful guidance on the forum and have already submitted my Defence Statement.

I'm now at the Witness Statement stage, but I am seeing lots of conflicting advice as to what should or shouldn't be in there.

My defence is rather comprehensive and as a result I have a lot of case law, legislation and exhibits that I will need to present as evidence.

From some of what I'm reading, the advice is not to include legal argument - references or quotes from case law or quotes from legislation.

I'm a little stuck and, as my witness statement is now just a sequence of events, and doesn't flag all the exhibits or quote the bits of case law etc that I am referencing.

I have 31 exhibits from the defence and witness statement, but I obviously don't want to !!!!!! the judge or make them read full documents unnecessarily, which I'm sure they won't for a case like this.

How do I flag the relevant sections of case law and legislation and quote from it so the judge doesn't need to read full documents - where do I do this - Witness Statement or a separate Skeleton Argument?

There seems to be an awful lot of repetition in court submissions!

Coupon-mad

Put the transcripts of case law as footnote URLs in your WS. I'd just do one document, the WS, with case law as footnotes and the only exhibits being your photos and a screenshot or two from your lease, etc.

Can you keep this under 50 pages? If not you'll have to send the court a hard copy in a nicely organised ring binder file.

Are you a tenant ir s leaseholder?

What does your lease say?

What case law have you found?

drobotnik

I'm the leaseholder, but I was the driver not the registered keeper, who VCS is pursuing - I'm dealing with the claim on their behalf since I parked the car in my space.

The lease grants the right to park with only clauses relating to being roadworthy and not to carry out garage maintenance on any vehicle I park in it.

There is a separate clause stating that the landlord may regulate the right of way (which the company could argue is what requiring a permit be displayed is), but the lease hasn't been varied and VCS filed the claim saying it was a breach of their contract, rather than my lease terms.

(I can paste all of this and my defence statement - I'd need to redact it - if that's helpful)?

The cases law I'm relying on are:

1. Pace v Mr N C6GF14F0 [2016]

2. Link Parking v Ms P C7GF50J7 [2016]

3. Jopson v Homeguard [2016] B9GF0A9E

4. Saeed v Plustrade Ltd [2001] EWCA Civ 2011 - I want to use this to argue that imposing permit display under threat of substantial financial penalties amounts to a derogation of grant by the landlord.

5. ParkingEye Ltd v Beavis [2015] UKSC 67

6. ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] EWHC 4023(QB)

7. Vidal-Hall v Google Inc [2014] EWHC 13 (QB) - for data protection breach

8. Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 - for data protection breach

Coupon-mad

I assume you are aware that you can't defend or write the WS. The WS must be theirs.

Are you just doing the admin and will be the lay rep sitting alongside them if it gets as far as a hearing? They must attend. They know that, I hope?

What about the new Duchess of Bedford House case, the recent landmark Court of Appeal binding authority? I'd link to that transcript, too.

Is this because the Defendant has done a counterclaim?

1. Vidal-Hall v Google Inc [2014] EWHC 13 (QB) - for data protection breach

2. Halliday v Creation Consumer Finance Ltd [2013] All ER (D) 199 - for data protection breach

drobotnik

Yes, I am helping with the admin and will be their lay representative at the hearing. They know they need to attend as well.

Presumably I can't introduce that case, as it isn't mentioned in my defence statement?

The data breach counterclaim is on behalf of the defendant since if there was no contract, VCS had no legal reason to access the registered keeper info.

Coupon-mad

You can use any case law.

The Defendant needs a WS that also argues in support of the Part 20 Counterclaim.

They should use Simon Clay v CEL. It's a successful claim in a parking case & the transcript is somewhere on this forum.

Did you read some WS posted in counterclaim threads where the OPs succeeded? I think one was by @Nosy and another by @pinkelephant12 (and @ellaro9 but that one was primarily about disability discrimination).

drobotnik

Thanks Coupon!

I've put together the Witness Statements - unfortunately I can't seem to correctly use the forum to find the ones you've put in, but from templates and others on the web, I'm confident that they are okay.

I've moved the case and legal argument into a skeleton, which I'll submit to the court.

For the court case, I still don't have any confirmation that the parking firm has filed a court fee - to date, I've received no paperwork except the initial PoC, so my expectation is that they will withdraw.

I was thinking (and this is risky) whether to pay the court fee myself to ensure that the case is heard in court - I was hoping the judge could look at some of my arguments (particularly around consumer contract terms) and rule on these to show that the signage doesn't provide sufficient information to form a distance contract as this will open up the data breach counterclaim.

It does feel that doing that could be snatching potential defeat from the jaws of victory though.

knightstyle

HI  drobotnik,  Just want to say don't be scared of going to court. It is not as scary as it sounds.  I have just been and won, the judge was very understanding and put me at ease. Both the claimant and I were given plenty of chances to explain our positions and do a quick summary before the judge left to make a decision. oh and don't forget to claim your expenses.

GrumpyDil

drobotnik said:

I was thinking (and this is risky) whether to pay the court fee myself to ensure that the case is heard in court

It does feel that doing that could be snatching potential defeat from the jaws of victory though.

I certainly wouldn't risk that. 

Coupon-mad

GrumpyDil said:

drobotnik said:

I was thinking (and this is risky) whether to pay the court fee myself to ensure that the case is heard in court

It does feel that doing that could be snatching potential defeat from the jaws of victory though.

I certainly wouldn't risk that. 

Except that, if the C fails to pay the hearing fee, THEN it falls to the OP to pay the hearing fee (sharpish) and often I've found local courts don't even alert you to that.

The OP should ring & ask the local court a day after the fee deadline and ask if the C paid it, and if not, then the D must pay it for the CC to be heard.

drobotnik

Well they didn't pay the fee and the court has written to the defendant to let them know the claim has been struck out 

Elms Legal represented VCS initially, but they dropped VCS as a client after I submitted the defence statement, but VCS carried on anyway through mediation. Bunch of time wasting cowards.