Address gaps honestly in the witness statement rather than ignoring them. Explain what evidence is unavailable and why. Courts are more sympathetic to honest disclosure than to silence that looks like concealment. Use the evidence you do have to build the strongest reasonable case.
What should a credit hire witness statement include?
A credit hire witness statement should cover the accident circumstances, vehicle damage, need for a hire vehicle, the hire period and why it was reasonable, any intervention offers received, and financial disclosure if impecuniosity is claimed. It must end with a statement of truth and comply with CPR Part 32 formatting requirements.
How do you prove impecuniosity in a credit hire case?
Provide three months of bank statements, credit card statements, and savings account statements covering the period before and after the hire. Show that the claimant's income, savings, and available credit would not have allowed them to pay hire charges upfront without unreasonable sacrifice. Explain any earmarked savings or financial commitments.
How do you prepare a credit hire case for the fast track?
Ensure all disclosure is complete early, including hire agreements, bank statements, repair invoices, and intervention correspondence. Prepare a witness statement that addresses every likely challenge point. Consider whether expert evidence on rates is needed and apply for permission if so. Time the statement exchange to allow for any last-minute evidence gathering.
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