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  • FIRST POST
    • thexyz619
    • By thexyz619 14th Mar 17, 11:00 PM
    • 18Posts
    • 7Thanks
    thexyz619
    Issue Resolved - Please Delete
    • #1
    • 14th Mar 17, 11:00 PM
    Issue Resolved - Please Delete 14th Mar 17 at 11:00 PM
    Issue Resolved - Please Delete
    Last edited by thexyz619; 15-03-2017 at 2:33 AM.
Page 1
    • Lamilad
    • By Lamilad 14th Mar 17, 11:36 PM
    • 1,016 Posts
    • 2,020 Thanks
    Lamilad
    • #2
    • 14th Mar 17, 11:36 PM
    • #2
    • 14th Mar 17, 11:36 PM
    I'm a little confused by this. You're not exactly a 'newbie', you first posted in 2014. You have other threads on here so why are you asking about 'workarounds' for such a basic administrative oversight?

    Why would you wait for their WS before submitting your own? If you want to rebut the content then you do it verbally on the day or write a skeleton argument.

    Deliberately not complying with court ordered deadlines for reasons that don't seem to make sense seems rather odd to me. And then asking posters to give you a 'workaround' I think is in rather poor taste.

    There was no reason to not submit your WS on time. The fact they've submitted theirs late would have put you in a strong position of being a credible/reliable witness up against an unreliable claimant.

    Ring the court and ask if and when they received the claimants WS. If they got it by the deadline then I'd suggest you have a problem. If it was late then you might get some leeway to submit yours late as well or the judge might adjourn without a wasted costs order.

    If the judge adjourns on the basis that you have not responded in time but the claimant has then you'll be liable for their wasted costs c.£200
    • thexyz619
    • By thexyz619 15th Mar 17, 2:25 AM
    • 18 Posts
    • 7 Thanks
    thexyz619
    • #3
    • 15th Mar 17, 2:25 AM
    • #3
    • 15th Mar 17, 2:25 AM
    i'm not a legal expert and I just needed some advice on how to handle my situation. I've never been to small claims court, I'm really quite worried about it to be honest and I thought I would be allowed to read their witness statement before I had to submit my own - I didn't neglect the deadline I didn't even realise there was one until today when it was too late. Like I said - my own fault, but this small claims stuff is really intimidating when you don't know what you're doing and I certainly don't. Thanks for your help anyway but I won't waste anyone else's time. In regards to these costs, the only reason I've accepted to take the small claims route is because I thought if I lost I'd only be liable for a £25 hearing fee, so now I'm even more concerned.
    Last edited by thexyz619; 15-03-2017 at 2:37 AM.
    • beamerguy
    • By beamerguy 15th Mar 17, 8:22 AM
    • 6,139 Posts
    • 7,852 Thanks
    beamerguy
    • #4
    • 15th Mar 17, 8:22 AM
    • #4
    • 15th Mar 17, 8:22 AM
    i'm not a legal expert and I just needed some advice on how to handle my situation. I've never been to small claims court, I'm really quite worried about it to be honest and I thought I would be allowed to read their witness statement before I had to submit my own - I didn't neglect the deadline I didn't even realise there was one until today when it was too late. Like I said - my own fault, but this small claims stuff is really intimidating when you don't know what you're doing and I certainly don't. Thanks for your help anyway but I won't waste anyone else's time. In regards to these costs, the only reason I've accepted to take the small claims route is because I thought if I lost I'd only be liable for a £25 hearing fee, so now I'm even more concerned.
    Originally posted by thexyz619
    Hey, when lamilad first came here, he was unsure but after listening to the wise people here, he ended up whooping them in court, not once but TWICE and now eats scammers for breakfast
    LISTEN AND LEARN
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • DoaM
    • By DoaM 15th Mar 17, 9:18 AM
    • 3,305 Posts
    • 3,347 Thanks
    DoaM
    • #5
    • 15th Mar 17, 9:18 AM
    • #5
    • 15th Mar 17, 9:18 AM
    Hi guys,

    So got a hearing date set next week but waited to submit my witness statement until I received Gladstone's witness statement because before this I hadn't received a notice to keeper, any form of any sort of evidence and other than the claims form and the LBC I'd received nothing.

    The problem is because I received their witness statement after the 14 days deadline, my own paperwork is now late. I just need some honest advice - am I done for now? Is there a work around or is a judge just going to throw the book at me because I've missed the deadline? Again - I received their paperwork late, although it was dated as being sent 14 days before.

    Again I appreciate it's my fault for waiting for their witness statement, I should have just submitted mine, I just had such little evidence to defend with or against.
    Originally posted by thexyz619
    Yet another who's never heard of the Wayback Machine etc.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Coupon-mad
    • By Coupon-mad 15th Mar 17, 2:46 PM
    • 50,584 Posts
    • 63,971 Thanks
    Coupon-mad
    • #6
    • 15th Mar 17, 2:46 PM
    • #6
    • 15th Mar 17, 2:46 PM
    i'm not a legal expert and I just needed some advice on how to handle my situation. I've never been to small claims court, I'm really quite worried about it to be honest and I thought I would be allowed to read their witness statement before I had to submit my own - I didn't neglect the deadline I didn't even realise there was one until today when it was too late. Like I said - my own fault, but this small claims stuff is really intimidating when you don't know what you're doing and I certainly don't. Thanks for your help anyway but I won't waste anyone else's time. In regards to these costs, the only reason I've accepted to take the small claims route is because I thought if I lost I'd only be liable for a £25 hearing fee, so now I'm even more concerned.
    Originally posted by thexyz619
    Look, just do it anyway, this person did:

    http://forums.pepipoo.com/index.php?showtopic=112143&st=20

    'sted' on pepipoo left his WS late but I said to him:

    ''you will be in a better position on the day than that other poster who had no WS and no evidence filed.

    Make sure you get a receipt from the Usher, stand and wait for it (file it before 4pm), and make sure that the file you are delivering has the claim number and 'evidence to accompany Witness Statement - already emailed last week' on the front of it, accompanied by a printed out hand-signed copy of the WS you already emailed, dated that day. Idelaly make the file nice and organised for the Judge to follow, in a ring binder or similar.

    And email the same stuff to the other side (no apologies for lateness, do not draw attention to it).''


    Read his thread, he thought he was screwed but he WON. As a cautionary tale, there was another poster who would not listen to advice to send a WS anyway (WITH EVIDENCE, OBVIOUSLY) and just rocked up on the day and has been hit with £200 costs and the case is adjourned for a second hearing and he is still up the creek, because he didn't submit ANY WS at all and won't listen to advice.

    So, you have time - do it! WS, now, read post #2 of the NEWBIES thread (which explained what to do & how) and show us the draft TONIGHT.

    Please...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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