Northampton Court Claim arrived (MCOL)

Lamilad

Reading back through the newbie posts, I'm starting to think that all pages should be "loose" but the whole bundle has a single numbering system with an index on the first page, and the WS would contain references to page numbers in the bundle (as opposed to the page numbers of the actual documents).

To clarify are you using a continuous numbering system throughout your bundle?

JackBasta

Actually, I have the letter stating that I've bought insurance for the year and the motor proposal confirmation showing the whole year. And the price I paid is definitely for the year. Both show my wife as named driver.. Just looks like an error on the certificate. Should I just put the letter and motor proposal confirmation in as exhibits, and then turn up in court with the certificate once I get the error free one?

Coupon-mad

JackBasta wrote: »

Actually, I have the letter stating that I've bought insurance for the year and the motor proposal confirmation showing the whole year. And the price I paid is definitely for the year. Both show my wife as named driver.. Just looks like an error on the certificate. Should I just put the letter and motor proposal confirmation in as exhibits, and then turn up in court with the certificate once I get the error free one?

Yes, sounds good.

JackBasta

Lamilad wrote: »

To clarify are you using a continuous numbering system throughout your bundle?

Well not with page numbers. That's impossible without tippex. My bundle contains printouts of case law judgements, pages from the POPLA report, My WS, my defence etc. All these things have their own numbering systems.

That was what I asked CM. I can number my WS from 1 to X. But once I get to the exhibits, as they already have their own numbers in the what I've printed out, I either have the choice of tippexing and labelling all pages in the bundle from scratch (CM says tippex is a no-no), or I staple together each multipage document my bundle and label it clearly on the front.

So Exhibit1 is the 8 pages of my defence stapled together and EXHIBIT 1 written on the front.

Then same with Exhibit 2 and so on.

And then the first page of my WS holds an index of what each exhibit is. It should be easy for the judge to flick through and find the correct exhibit.

Is that ok?

Lamilad

Yes that will be fine. Will you be putting your documents into a file and separating them with numbered tabs?

Umkomaas

6. I wish to draw your intention to POPLA (Parking on Private Land Appeals) Lead Adjudicator’s Henry Greenslade’s words in the 2015 POPLA Annual report. - “However keeper information is obtained, there is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort” (Exhibit 3)

Get in that paragraph that HG is also a barrister. It adds more authority to the statement, and Judges seem to like the fact that HG is one of theirs.

bargepole

JackBasta wrote: »

Well not with page numbers. That's impossible without tippex. My bundle contains printouts of case law judgements, pages from the POPLA report, My WS, my defence etc. All these things have their own numbering systems.

That was what I asked CM. I can number my WS from 1 to X. But once I get to the exhibits, as they already have their own numbers in the what I've printed out, I either have the choice of tippexing and labelling all pages in the bundle from scratch (CM says tippex is a no-no), or I staple together each multipage document my bundle and label it clearly on the front.

So Exhibit1 is the 8 pages of my defence stapled together and EXHIBIT 1 written on the front.

Then same with Exhibit 2 and so on.

And then the first page of my WS holds an index of what each exhibit is. It should be easy for the judge to flick through and find the correct exhibit.

Is that ok?

The best way to do this is simply to write sequential page numbers at the bottom right hand corner of each page.

Then create a top sheet headed 'Index to Defendant's Bundle', which will start something like

1- 5 Witness Statement
6 - 11 Case transcript X v Y
.. and so on.

Explain to the Judge at the start that you will be referring to the hand written numbers on each page, rather than any pre-printed numbers on the pages.

Loadsofchildren123

Use a distinctive pen to do your numbering. yes it's confusing when there's different numbering, but if you make this new numbering stand out (eg use a sharpie/felt tip pen) it'll be fine.
It's best to paginate it afresh - much easier to refer the judge to later, and for your skeleton.


I'll send you a document I've got that gives you chapter and verse on trying to claim costs. Keep a record for now of how much time everything is taking you, broken down between different activities. PM me if I forget to send it to you - my case is this week so I'm really busy, and I'm trying to help someone whose case is tomorrow.

Loadsofchildren123

JackBasta, the case that was in Swansea today was adjourned because the court said it would need at least 3 hours to deal with everything. The Defendant had filed a supplemental bundle and that threw the judge. My case is on Friday. I suspect that it too will be adjourned.

Gladstones sent along a "Miss Horsham" - anyone come across her before?

So if you file lots of documents with your WS, it might be worth specifically drawing the 1 hour time estimate to the court's attention and asking if the court thinks that it will need more than an hour given the documentation. This avoids the stress and inconvenience of two hearings and two days off work.

What a monumental waste of the court's time this is. 3 hours for a poxy £100 fine and all the court is getting is £50 in fees. Someone at court should be taking responsibility for all of this - THEY should be keeping tabs on the court file and realising that 1 hour isn't enough.

Lamilad

Loadsofchildren123 wrote: »

THEY should be keeping tabs on the court file and realising that 1 hour isn't enough.

In quite a few cases we've seen, 1hr is 55 mins too long