PCN from CPM

Coupon-mad

Claimant has the same deadline as you, to file and send you their WS and evidence. They will leave it until the last minute, and might even be late.

You need to cover that in your WS like other people have done in other cases.

Akumo

OK, I have not received either their WS or evidence.


I shall include this in my WS as well.



Thank you

[Deleted User]

I'd cover the facts in more detail - the names of the tenants, when you moved, the addresses etc. The shape is right, just add the detail (albeit a lot of that is not for a public forum).

If doing it properly, no index is needed to your statement. You simply include sentences thus:

Attached to this statement as Exhibit ABC1 (the ABC being your initials) are photographs of the parking area in question.

Exhibit ABC2 could be the lease, but the trick is to bunch all correspondence into one paginated exhibit in date order, so you don't have 9000 exhibits.

Each exhibit should have a front sheet bearing the party details and case, setting out the exhibit number with a declaration:

This is exhibit ABC1 referred to in the witness statement of Akumo with your signature.

Akumo

Johnersh, thank you for your help. My first time in having to create a witness statement.
Yesterday evening when I got in after work I found a letter had been delivered, sent from the solictors, Gladstones, they are not going to send a representative, I take it that there are really only two reasons for doing such a thing, either they think they have sufficient evidence to win the case and don't need to represent themselves at the hearing, or they know they won't win so don't wnat to waste their timeby attending.
Any thoughts on this would be appreciated, thank you.


Regards


Akumo

[Deleted User]

All of those are possible. Relevant rule is here:

Non-attendance of parties at a final hearing
CPR 27.9

(1) If a party who does not attend a final hearing;

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party's statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not:

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out the claim.

[Deleted User]

Make sure you kick up a stink if insufficient notice is given and/or the documents are not served on time.

Akumo

Does the fact that I have not received any witness statement from the claimant suggest a likliehood for either of the scenarios mentioned?
Or can nothing be read into this?

[Deleted User]

It means you're gonna argue that their sole evidence is the scant particuulars, that they prove nothing and that your defence should prevail, with costs awarded.

Is time up for service of the evidence? When's your hearing?

System

with costs awarded.

Make sure you have sent a list of your costs to the court and to Gladstones ASAP.

In the costs letter you can also add that Gladstone's client could discontinue without costs should they wish not to waste the court's time. If they don't, you will assume they do want to waste everyone's time.

Akumo

Hi


I would just like to thank everyone for the help and advice that has been provided but I ended up losing the case.


The Judge stated that the Jopson V Homeguard case was irrelevant.
That the tenancy agreement is a 'silent document'
That the other cases I presented were also irrelevant.
That I was visiting, not merely loading/unloading.
That I was under contract due to the signage present.

Lastly she made the finding that in order to load/unload I should have telephoned the number on the signage in order to get permission.
The only plus points was that she was sympathetic to the situation and scathing of the Housing Association but this is not going to win a case.


So unless there is anyhthing I am able to do I shall have to pay the £100 fine plus an additional £100 court costs.