UKCPS & Court Summons

Loadsofchildren123

On the q of whether you can "publicise" this information:


1. the purpose of the FOI is to disseminate info the public are entitled to, as set out above.
2. the info has been publicly published by the DVLA.
3. If you are nervous, as you rightly are, by that wording, then don't post a link on here but some else can post the link to the publicly available website page.
4. As for using the info in proceedings - your limited "publication" of this information is subject to qualified legal privilege.


So bung it in your WS and exhibit the documents, or put them in your bundle, as you see fit.

Coupon-mad

Loadsofchildren123 wrote: »

I've read the public link to the FOI emails. Details of the site have been redacted. How do you know it is the same site?

The site is given in the covering letter from Robert Toft of the DVLA here:

https://www.whatdotheyknow.com/request/405450/response/986401/attach/4/FOIR6049%20Chritopher%20Simpson.pdf

4. Specific car parks which were affected if it was a localized issue or
alternatively, was it a universal breach? And specifically, what these
breaches were.

Castle Square, Sheffield, S1 2GF

In the public domain, from the DVLA.

Loadsofchildren123

I think OP should specifically say in his WS that he the evidence of the operative is crucial and he will want to cross examine him at any final hearing.
Exceedingly unlikely that they will serve a WS from him or bring him to court. The fact that OP made it clear he wants to x-xamine him in the WS will be stronger than if he said it in a letter.
If they don't bring him to court, the judge is likely to "prefer" your version of events, including the admission that he "didn't know" why he had ticketed your car.

Loadsofchildren123

You've mentioned in an earlier post that you are going to produce statements but that these witnesses won't be attending court.


The judge has a discretion to give no, or reduced, weight to anything said by a witness who doesn't turn up. So in the same way that you will complain that their operative isn't there and whatever they say about him should be disregarded, they'll complain if your witnesses aren't there and will argue that their evidence should be disregarded.


So you should try and persuade them to come. At the very least your employer should be willing to help you.


At worst, do the statements anyway and then deal with the problem of attendance nearer the time.

christopher1995

Can you please tell me what a court listing is? I assumed this was a listing for hearing date but don't know if I'm correct.
Rang the Court and they told me the listing would be on the 1st July, but really couldn't understand what the lady was telling me, (language barrier).

System

listing would be on the 1st July,

Won't be then as that is a Saturday. Probably 4th

christopher1995

Didn't realise, this was the date I was given, however still unsure what a Court Listing is, appreciate your help. Thanks

christopher1995

Can I ask if I need to provide copies of all relevant POFA, IPC, ICO etc,etc to the Claimant as well, or basically just everything I'm relying on as part of my WS.
Thanks

Coupon-mad

You don't have to file full copies of statutes like the POFA. Not sure what you mean?

christopher1995

If in my witness statement I refer to sections of POFA, IPC Code of Practice etc, do I provide copies of the relevant sections I'm referring to and have to also provide copies to the Claimant.

Thanks Coupon-mad