Gladstones/SIP Court Claim

ParkerManc

That's why I was happy to contest this The Deep, however it is now a massive drain on my time and energy and stress. Essentially I have until tomorrow to deliver a witness statement, I've got work until half 5 and was hoping to spend time with my family this evening.

I'd love to get it back to a paper hearing but unless someone knows how to reapproach that I think I'll be going to court with an undercooked witness statement and getting bent over.

KeithP

Even a paper hearing needs a Witness Statement.
If anything, I would say a paper hearing needs a better Witness Statement.

ParkerManc

I'm working on my statement now using a template off here.Any advice massively appreciated.

Coupon-mad

KeithP wrote: »

Even a paper hearing needs a Witness Statement.
If anything, I would say a paper hearing needs a better Witness Statement.

And very good evidence with it!

ParkerManc

My best evidence is a support ticket email from PayByPhone which proves they had to reset my account because the app had failed, this should show that the interface doesn't work as it should. One ticket is for a car park where you have to be a permit holder but also can pay by phone, I'm not a permit holder but did pay by phone, I may have to concede that one. I currently have until 4pm to finish my witness statement but I'm on hold to the court trying to get it extended.

Coupon-mad

I currently have until 4pm to finish my witness statement

No, that would be when it has to be in the hands of the court - assuming your local court - and can't be emailed because your evidence attachments will be too much to expect the court to print.

You will have to take it in person to your local court in a file, with a contents page and numbering of all pages and evidence. By 'evidence' we also mean case law (e.g. Jolley v Carmel) or previous county court transcripts that were mentioned in your defence, plus any photos or screenshots of your reasonable attempts to pay.

ParkerManc

I have informed the court it will be late due to waiting for emails to be unarchived by my former employer which will be my most important evidence. It shows me contacting the PayByPhone support line on the day of one of the PCN being issued and them having to reset my account.

ParkerManc

Does anyone know of a case precedent that I can use to say that essentially, if you have to have a permit AND pay and display, that to accept the payment from someone who doesn't have a permit isnt legal as you can't/shouldnt provide the service by your own admission?

Coupon-mad

No such actual 'precedent', no.

But you could use PACE v Lengyel (see the Parking Prankster case law pages, links to transcripts) in evidence, which talks about a contract being 'void for impossibility' by offering parking to permit holders only, when the driver had never had a permit. So it was 'impossible to comply'. DJ Iyers nails it in that transcript.

What have you done to try to get the court to hear it on the papers, or is it too late? A hearing on the papers is NOT RECOMMENDED. I would rather you attended and filed in advance (with the court and the other side) your 'costs schedule', so that if you win, you are not out of pocket for attending - take proof of earnings to the hearing).

ParkerManc

Wonderful thanks Coupon-Mad. I emailed the court, the end result being a hearing which I will be attending.

My loss of earnings is an odd one, as a freelancer I can make £4000 or so in a day, then nothing for the next 3 or 4 months, what I do is very specialist. At this point getting any money from them would be a sweetener, I just don't want to be down £600 or so.