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Small claims witness statement facts

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Hi All,

I am taking a company to court for damage to a vehicle I own. The defendant has defended and made a counterclaim.

 

I am at the stage were we have recently exchanged witness statements and a court hearing has been set.

 

Looking through the witness statements they are made up of lies throughout by two witnesses.

I received these statements on the final day they had to be submitted and I am unsure if I can make the courts aware of their lies.

By lies I will explain, I am being counter sued for a certain amount, an invoice has been sent to show the cost of damage that they say I done to their property, within the invoice it has parts used which in the witness statement states they were put on after the incident that I am claiming for.

 

I am unsure if I can send a letter to the courts to highlight this or is it to late and I will have to see what happens on the day.

 

In the court directions for the witness statement request it states that we should send any relevant documents or evidence to the courts to come to a decision, however this is new evidence at the last minute.

 

 

I hope someone can shed some light for me.

Thanks

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Having a little bit of the full story would be helpful,

however, you can always challenge their statement and ask for evidence supporting it.

 

Most times judges can read between the lines and spot the lies,

but occasionally you need to point out the inconsistencies and unsubstantiated claims for them to come to the correct conclusion.

 

In my experience most defendants will lie at one point, but if you have gathered good evidence you should be able to show this.

Don't call them liars, use words like incorrect, inconsistent, unsubstantiated, miscommunication, hearsay, etc.

Judges don't like catfight in their court, so don't use words that could "offend" the defendant.

Saying that their claim is not based upon reliable evidence means that they're lying, but you're not spelling it out.

 

On one occasion though, a judge asked a colleague directly if he meant that the witness was lying.

The answer has to be either "yes" or "I believe they don't have the evidence to state this" which is the same.

Edited by dx100uk
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You can submit a Supplemental Witness statement in response...but it must be new evidence/facts important to your claim and not just tit for tat...must be filed and served not less than 3 days pre hearing.

 

 

Andy


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Thanks for the info Andy, I have searched all over the internet but couldnt find anything.

 

I did not want to put much detail as big brother is watching.

 

I attended a caravan park, the site had new barrier systems in place with a fence to the side of the road i was driving. I was towing a large caravan.

As I was let through by the security staff the two barriers were in the upright position, the security staff walked alongside my vehicle as I went through them but the barrier on the opposite side started to come down which I did not see, the security staff could see, he looked at my caravan and car position and then at the barrier coming down but didn't warn me.

As I drove over a speed bump whilst looking through my mirrors I slightly pulled my car to the right within my lane to avoid the rear of my caravan hitting the fence, my car was within my lane although my caravan went over the white line by 5 inches. The caravan is wider than my car.

 

The Barrier hit the front edge of my caravan 3 inches in, the barrier was the full length of the road.

 

I made contact with the company and i was advised it was just an accident and that they wont persue me for damage to the barrier. I made a small claims request.

 

They counter claimed for the damage to the barrier for the amount of £1250.

 

I was sent the invoice for the works, within the description of what was replaced it has items that were not present at the time of the incident. I have taken photos of before and after.

The new witness statement makes reference to this, I want to highlight to the judge this but I want to do it in a way that the courts accept.

The statement of the security manger who attended my caravan pitch after states that I advised him i pulled over to avoid the fence as i previously had an accident and didnt want it to happen again, this is a total lie as I have never had an accident.

 

The lies go on and on but from what i gather from the replies is that I have to highlight new evidence put forward from them?

 

Thanks again

Edited by maximus999
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Why did you take a photo of the barrier before the incident?

 

Hi Manx man,

I took my car back to take photos of the road width as it is very narrow, fortunately I got the barriers in the photo which showed them clearly.

 

After the incident and back and forth I was sent the invoice from the company who installed them. They told me they recommended for the devices to be fitted as part of the risk assessment, the site refused to have them installed as it would interfere with they way they wanted them to operate, he also said I shouldn't be billed for them, they are on the invoice and they have stated in the witness statement that was sent last thing on the expired day that they after the incident requested for them to be fitted but are billing me for the privelage!

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Hi all,

I am wishing to serve a Supplemental witness statement to the county court.

 

Does anyone know where I can get a template to complete? I am unsure on how it needs to be set out.

 

Thanks in advance

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Thank you. I've merged the threads to keep the information together.

 

HB


Illegitimi non carborundum

 

 

 

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Many caravans are now 2.5m wide and yours is probably 2.3m wide which raises the question of whether a 2.5m wide caravan would safely enter the caravan site? Many motorhomes are also 2.5m wide and may have a similar issue.

Generally many Caravan Club & Camping and Caravan club have barriers but there is an island in the middle dividing the in and out lanes and to prevent this sort of mishap. These barriers start to come down but if they sense anything in the way, they stop and return to the upright position.

However I am sure that the camping site has a duty of care to ensure that these sort of mishaps do not occur! What would have been the consequences if a person or child happened to be walking where the barrier came down? It would cause them serious injury.

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Hi Surfer 01,

In a nut shell you have hit the nail on the head, however the caravan park do not see it that way ad I hope the judge is a fellow caravan-er!

 

I am a member of the caravan and camping club, there are barriers on all their affiliated sites as you describe, the barriers have sensors to detect objects within their field. In my situation the site had the barriers manufactured to cover the whole length of each carriageway with poor security devices fitted.

As I was advised to set off by the security attendant, both barriers were in the upright position, I had a speed bump to manoeuvre along with anything that could be in the blind spot to the left of my caravan, I say blind spot because the entrance barriers are on a slight bend within the roadway, a newly erected fence was built to the kerb of my carriageway, I pulled my tow vehicle to the centre line but within my carriageway to avoid the fence, the road is very narrow!.

 

I was unaware of the descending barrier on the opposite side of the carriageway nor was I informed throughout it was coming down, the security staff was walking alongside of my car at the time and my window was down as I had just spoken to him.

 

From the CCTV footage he looks at the barrier coming down. I didn't see this as at the angle I was driving forward I had my A pillar blocking my view to the right. He then looks at my caravan and car position and does not say anything to warn me.

 

The inevitable happens and the barrier clips my caravan (£850 damage), the end of the pole which reaches to the centre white line hit my caravan two inches into the front panel, they are claiming I was driving on the wrong side of the road. CCTV footage shows my car being within my lane but yes my caravan over hung by two inches for the reason's I have given.

 

The caravan site was advised by the company who installed the barriers through their risk assessment, to have additional sensors fitted that when broken would return the barrier into the upright position, this was confirmed to me over telephone along with that the site were issued fob's to control the barriers but decided not to at the last minute so they could operate in the manner what was present on the day of my incident.

 

Since the incident the fob's have been set up along with additional safety beam sensors.

Through a recent witness statement, a member of staff contacted the company who installed the barriers and they have denied having such conversations with me. I do have my mobile itemised bill to confirm I had a 10 minute conversation with the company.

 

I need to serve a supplementary witness statement to show how would have I have know about the fob's and safety beams so early on into the claim if this wasn't spoken to me about.

 

There is a counterclaim with their defence, items such as the fob's and safety beam equipment are on the invoice which they are counterclaiming. A witness statement by the security manager has highlighted the sensors were put in for free - these are on the counterclaim invoice.

Additionally a receiver board for the fob's to be utilised and fitted has been indicated through the same statement so they can control the barriers - this is indicated on the invoice also .

 

In the witness statement the security manager has stated I pulled over to the middle of the road as I advised him I had a previous accident in my caravan and I didn't want to hit the fence and have another. I have never had an accident in my caravan in the 10 years towing. I have towed through pairs, Germany, Holland, Belgium and France to end up at this site who have poorly trained staff and inadequate security devices fitted. Three mnths prior to the accident i passed my B+E driving test, I have been driving a car for 17 years also and never had an accident.

 

I am afraid that when I go to court the judge may have made his mind up of the incident through their lies in the witness statement and I need to know how to provide a further statement to highlight the inaccuracies.

 

Thanks for all your time.

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Are you confirming it was a Camping & Caravan Club and it is them that is counter claiming? If you are absolutely truthful and have video footage it would help your claim tremendously. Sadly the fact that you phoned the security company is not going to be of much use as you could have been talking about anything.

Will you be calling in the security company as an expert witness to state how the barriers should have worked. I would think that they would have notes, plans or drawings that are dated in their possession showing the original specifications of the installation and then also notes regarding the improvements. If it is a C & CC site then they should also have copies of these notes & drawings. You could ask them to produce these in a court of law as evidence. I am not sure if planning permission is required from the local council and again they may have the drawings or plans os maybe 3 angles of attack?

I think if you did this they may all back down before the actual hearing. Worth a shot.

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Hi All,

Does anyone know how I would set out a Supplementary witness statement?

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The same way you draft a normal statement...but the heading states " Supplemental Witness Statement "


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The same way you draft a normal statement...but the heading states " Supplemental Witness Statement "

 

 

Thanks for the information, it is of great use. I have found that the courts like paperwork in a certain fashion to speak and I dont want anything dismissed what I submit .

 

Do I make reference to the witness statements in an opening sentence and parts that is new evidence, counter them to speak.

 

Thanks

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Yes......This Supplemental Statement is submitted in support of my previous statement dated xxxxxx in which I wish to add further points in light of new evidence being disclosed.

 

Then go into your points.

 

 

Andy


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Yes......This Supplemental Statement is submitted in support of my previous statement dated xxxxxx in which I wish to add further points in light of new evidence being disclosed.

 

Then go into your points.

 

 

Andy

 

Thanks for the info Andy

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Just a little more info needed if possible and thankyou for your time all.

 

I have received witness statements from the other party to which there are lies made.

If for instance I have stated I have an unblemished driving record towing caravans in my counterclaim defense and their witness statement states I advised him that I wanted to avoid ABZ because I stated I had a previous accident, can I highlight this is untrue?

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Have you not already submitted your statement and a supplemental statement ?


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Hi Andy, I was advised by a solicitor friend that I did not need to supply a witness statement for myself, my partner had to do a statement. I was advised that my case was already highlighted within statements made prior.

 

From what I have gathered I have to submit the supplement witness statement within the time scale you stated in a previous post.

 

Sorry for the naivety but I am learning as I go along to speak. I am self employed and work seven days a week and 12 hour days. I know it's no excuse for people who have time and work in this field.

 

To be honest I want it to be over and done with now. My court date is the 19th January. The other parties solicitor has sent a request for the case to be thrown out of course because I didn't send the defence to counterclaim in time, I did, I rang the local courts and they confirmed I sent the documents in time. Now the statements are full of untrue events and points to their counterclaim amount that they are contradicting.

 

Thanks for your time again

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" The other parties solicitor has sent a request for the case to be thrown out "

 

If you could expand...do you mean they have made an application to strike out your claim and defence ?

 

 

Andy


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Hi Andy, they have applied for, request for judgement by default. They applied for this on their paperwork on 14th August, they say I submitted out of time on the 22nd August. I had until the 24th August to submit according to the courts paperwork. I have telephoned the courts and they have no records of this request.

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