Private Parking Ticket - Default CCJ - Set Aside Case, Prepare full defence

Loadsofchildren123

The text you've put in your big post includes this:
"Exhibited to this Witness Statement......"


Can you fish out the order made when you got your set aside. What exactly does it say? It must have ordered the C to do a WS, because you seem to be quoting from it. Usually both parties are ordered to do their WSs at the same time. Sometimes the court is savvy to the fact that the C hasn't made out much of a claim in the PoC so it orders sequential service (ie they serve their WS first, then you reply to it). If you've been ordered to do something by 27 December then perhaps this explains it.


I want to make sure you understand who's got to do what by when. Can you look carefully at the order and tell us what it says? Or scan it and host it on something like tinypic or dropbox and post the link (if you are unable to post a link yet try replacing http with hxxp and then one of us will convert it for you and repost it.

theconquest

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing. These should include letter making the claim and the reply. The copy documents must be bound and in the chronological order, each page being numbered consecutively. Loose sheets are not acceptable and will be returned. The documents must be delivered by 27/12/17

Signed statements setting out the evidence of all witnesses on whom each party intends to rely must be prepared and copies included in the documents mentioned in paragraph 3. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.

Witness statements must be set out as follows:
a) Addressed to the court;
b) Contain the title of claim;
c) Set out the facts in numbered paragraphs, in chronological order if possible;
Contain at the end of statement a statement of truth "I believe..
e) Be signed by the maker of the statement;
f) Dated

The original documents must be bought to the hearing

The court may decide not to take into account a document or the evidence of a witness if these directions are not complied with

....

Loadsofchildren123

Signed statements setting out the evidence of all witnesses on whom each party intends to rely must be prepared and copies included in the documents mentioned in paragraph 3. This includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.


That's an order for a WS - if you wish to provide one. They've done theirs early for some reason, you don't have to do it until the 27th.


The Defence sets out the legal arguments, the WS the factual ones. If you want to do one, do it by then and file it with your bundle.


I haven't read back to see what your defence is and so can't say what it is you need to put in your WS, but it will be all the factual evidence to back up your defence (eg if you say signage unclear, you'd explain in your WS why, with picture evidence if you have it, if you say you weren't driving then you'd explain that and produce any evidence that others are insured to drive the car, and you may produce evidence to show you were elsewhere on that day, if you say you complied, you'd explain how you parked and paid and displayed.... etc.)

theconquest

There was no parking ticket.

It was a private parking lot for the residents of flats, of one I was the tenant.

One day I forgot to display the permit in the front and got the PCN.

The landlord does not want the parking permit to continue with the case as I was the resident and had express permission to use the space.

Coupon-mad

OK, very similar to several WS already written on here then, about other residential spaces.

Loadsofchildren123

So your WS needs to explain you are a tenant, what rights you were granted and exhibiting a copy of the tenancy. How your landlord believes the rights he granted you (and which he has) are being interfered with (and exhibiting a copy of his communication to you saying they shouldn’t be sung you) etc.

theconquest

Thank you for your response.

In directions questionnaire I mentioned there is no witness statement. I thought it relates to someone other than myself to provide any statement wrt the case!

One of the other posts mentioned:

Under their scenario, the demised rights are still in place. It's just that the OP has entered into a direct contract for the "service" of space management.

There is clearly scope to believe a contract was in place here. What needs to be pointed out was there was no "consensus ad idem" - meeting of minds. It has to be emphasised to the court that PPM are mistaken the permit was there as a contract though they believe there was. It was exhibited a courtesy to the Freeholder so they could manage their spaces

I can however - send the documents. So I am thinking -
Contract.
Exclusive right to use the spaces email from agents (managing landlord)
Express consent to use the space and instructions to the managing company to drop the case from agents - acting landlord on behalf of the landlord
And evidence of second permit sitting in the back of the car, which was clearly visible. So, there were actually two permits in the car and I owed it up to the fact that there was no permit displayed on the dashboard because of the mitigating circumstances.

Really appreciate your help on this.

Many thanks.

nosferatu1001

Its expected there would be at least one ws. But next time read the post 2 again!

theconquest

Absolutely.

That will be my statement with the list of stuff mentioned in the post above!

I will definitely write my statement with the documents.

Let me know if I am missing anything.

Coupon-mad

Show us your WS and evidence set out and we will comment if we think you've missed, or mis-worded, any point.