Excel/BW claimform - PCN 18/04/2015 peel centre in Stockport

[dx100uk]

14 days before hearing typically

[Lt.Columbo]

That's weird since court date is sometime in spring.

 

 

I've never written a witness statement, how long typically are we looking at? My main argument is there are no signs on one of the entrances. I don't want to write what I've written in my defence. A witness statement is just an account of what happened from my view right?

[ericsbrother]

You have had 4 months to photograph the signage etc and read up on this.

 

 

There are bags of other people being taken to court from parking here so read what they have done and learn from it.

 

 

Also i have already told you to read the Parking Pranlster's blog and follow the cases where the defendants have batted away the claims. There are a few of them.

 

As for what to include- everything you want to raise so try and develop a timeline.

 

 

When the event was,

what you saw or didnt see

if you are relying on darkness,

poor signage, etc

even what the weather was like,

 

 

when you got the NTK throught the post

( point out that NTK not compliant with POFA to create a keeper liability if this is part of your defence)

 

what other correspondence you have received and sent and

then why you believe that the claim is invalid and

 

 

make sure that you quote the other case references and a precis of the decision in those cases such as

Excel v Bloggs 1899 ref xx1 at the Swindon county court. It was determined that signs written in latin were unreadable to the man in the street so cannot be said to form a contractual obligation as the public are not all expected to be Oxbridge educated lawyers.

 

There are plenty to choose from

but more importantly a number ranging from Excel v Martin Cutts 2011 onwards at this very site

[Lt.Columbo]

Why would I take photographs and write a witness statement when 90% people on here advise that the case will not actually go to court and there will be a strike out.

 

 

I've been taking it one step at a time,

again as advised by users on this board.

It isn't my fault they want a witness statement 3 months before court is it.

 

I haven't found examples of witness statements to go off, only defences which is why I'm in the dark on this.

[dx100uk]

well that's why 90% don't actually goto court...

because people research things properly...

do what they are advised..

 

 

its BECAUSE of a strong WS that most claimants are put off continuing........

[ericsbrother]

You got your court papers in Aug so advice regarding procedure should then be followed.

 

your witness statement is your defence but in detail.

What is not included in it is the papers you refer to as you have them as part of your bundle, along with photographs.

 

this is undoubtedly wanted early so the judge can do a case managemnt order and that may mean Excel get their claim booted out without a hearing if you say the right things.

 

I must say that posters are told to get photographic evidence from day 1 but as you dont seem to be following other threads or making note of the court cases.

 

 

You cannot act in isolation nor think that yours is the only post we have to look at, there are a number of recent Excel claims hitting the courts,

 

 

Excel have lost a couple ar the Peel centre in the last week so read about them and compare with your case.

 

 

the critical point yu will want to make is inadequate signage so you will have to show that this is so by way of pictures of the entrance you used, the signage where you were parked etc.

 

 

A judge may have seen it all before but each case will have its own merits

so unless Excel had no right to make a claim in the first place they wont get killed off by just saying it is the same as Excel v Bloggs.