Claim Form Received

Snellosaurus

Thank you for taking the time to give your thoughts.

There will be two witnesses, including myself. Do we file both WSs by the 14 days before the hearing as stated on the paperwork, or does the second witness just turn up on the day?

Can any one signpost me to some more examples of WS and SAs? I'm struggling to find many examples that I can use to help me out in this instance. Some examples I have found refer and respond to the Claimant's WS. I'm guessing they are not going to send it out early so I can do that, so do I ignore that option?

Bargepole: As I think this case fits your second example, do I understand you correctly in thinking that you are suggesting the WS contains the legal arguments, and I do not have a separate SA at all? Briefly, the case is that the car was stationary with someone sat in it when the ticket was issued, in addition to the signage being useless.

I keep reading about references to the 'bundle', but I'm not sure how to make this up, nor how to reference things in it: I know I need to have the photos I will rely on in this, but do I also need to have complete printed copies of transcripts from any cases / documents that I am relying on, too? Or just relevant bits from them? Do I cite the items from the bundle in the WS/SA as in an essay, for example, with a footnote? Or brackets giving the item number in the budle?

Do I include in the bundle a copy of all the correspondence I have received and sent?

Thanks for all your input, everyone. I really appreciate it.

Coupon-mad

Do we file both WSs by the 14 days before the hearing as stated on the paperwork, or does the second witness just turn up on the day?

You file everything you intend to rely upon. That's both WS and all exhibits, which can be highlighted to pick out the relevant wording you are relying on.

e.g. if someone is using the Jopson case merely to show how an appeal court defined as FACT the concept of 'parking/not parking', they would use only that extract and highlight the wording about that specific issue, in their exhibits. But then take the full printed out transcript with them to court in case the Judge wants to see where the extract came from.

And if someone (who has got a PCN in their own home car park) is showing an extract from their lease about the right to peaceful enjoyment of the property and/or the fact parking is not restricted/nothing about permits, then they can file just that extract but at the hearing, ideally have the whole thing with them if they have the lease.

Assume you will not get their WS in good time, that they will wait until the last minute to show you their cards. So no, you would not be able to pull apart their WS up front but like Lamilad, should object at the hearing if the person who signed their WS is not sitting there to be cross-examined.

Briefly, the case is that the car was stationary with someone sat in it when the ticket was issued, in addition to the signage being useless.

Be careful - someone sitting in a car does not necessarily mean it is not 'parked'. Use in your favour, the Jopson case findings of fact about parked/not parked' because your Judge will take heed of His Honour Charles Harris QC. It's not so much about someone sitting in the car IMHO, more about the very short time; more about their predatory tactics and lack of grace period and rubbish signs, all of which breach the ATA Code of Practice. In Beavis, the CoP was deemed as essentially a 'form of regulation' that parking firms must abide by.

Do I cite the items from the bundle in the WS/SA as in an essay, for example, with a footnote? Or brackets giving the item number in the bundle?

Either - whatever looks clearest to a Judge. Most I've seen have brackets giving the item number.

Do I include in the bundle a copy of all the correspondence I have received and sent?

Unless you want to show something specific like your appeal, e.g. if they are denying one was sent, then you might not need every single thing.

Dot2101

hi does anyone know what the outcome of this case was? I would be interested to know!

maria212

After reading these I'm becoming increasingly worried I didn't expect it to actually get to get to court and Im quite worried about a ccj, if I dont get my response in on time should I just pay and avoid the ccj, does every case require the driver to attend court?

Coupon-mad

No-one here pays to ''avoid a CCJ'. That's daft!

You do not get a CCJ by defending a case. Even if you lose, you would then pay (very rare here).

Stick to your own thread and don't worry about archive ones where you don't even know the outcome; reading this one doesn't help your peace of mind. Asking for our help throughout, DOES.

Umkomaas

Why have you jumped in on some random, old thread, rather than using your own thread?

surferboy27

Sorry I did not mean to post here, I have a new thread going - will remove it