Gladstones LBC for 10-min private residential stay

petallica

Hi, I've just received the Claimant's WS and evidence pack (court date is towards end of November). Mine is due to go out early next week.

Their WS states that there is no record of a defence having been received from the defendant, as if it's obstructed their ability to produce their WS - this is despite correspondence from the CCBC to myself saying "a copy is being served on the claimant or their solicitors". Any idea why they would include this?

Also, am I able to rebut the points from their WS if I haven't yet submitted mine (although I really don't have much time), or should I leave this?

Thanks

Castle

Have they paid the £25 hearing fee due on the 24th October?

petallica

They did, yes - I confirmed this by calling up the court. So I believe everything is now set for the court date in just over 2 weeks - should I amend my WS to include details of the claimant's?

petallica

I should add that in their WS, they have marked up a plan of the signage on the site, with at least 1 (if not 2) of the signs represented by the markers not present at the time of the incident (one right by the visitor bays) - is it worth mentioning this in my WS/evidence bundle, which I ideally need to submit tomorrow?

Coupon-mad

petallica wrote: »

I should add that in their WS, they have marked up a plan of the signage on the site, with at least 1 (if not 2) of the signs represented by the markers not present at the time of the incident (one right by the visitor bays) - is it worth mentioning this in my WS/evidence bundle, which I ideally need to submit tomorrow?

YES - you really must seize the chance to use your WS to state the facts as you know them in your own words, and to refer to your evidence you are attaching (by number) and to tear holes into their WS!

So yes, disprove what they are saying, or dispute it if you can't 'disprove' with evidence like photos taken at the time.

Any idea why they would include this?

Because they are incompetent and perhaps can't find the email with your defence on it - their problem, not yours - you know how MCOL works and they DID get sent your defence and can't wheedle out of it!

Only send them a copy of your WS and evidence by email, not your defence (let them look for that).

DO NOT email the court's version of the WS and evidence. Make it all nice and ordered, in a ring binder, hard copies of everything, all pages numbered, all evidence numbered and referred to in the WS, and a contents page, and a provisional COSTS SCHEDULE too.

And on the front of the ring binder, securely (not flimsy sellotape or a sticker) attach or write in permanent marker, the CLAIM NUMBER, and DATE/TIME OF THE HEARING, and DEFENDANT'S EVIDENCE AND WITNESS STATEMENT.

System

May we see their WS. If you could post it up minus personal information, there may be something else we can see.

petallica

petallica

petallica

petallica

Thanks all for your advice - here is their WS.


In particular, paragraph 7 is irrelevant as they would have received my defence from the CCBC! Pgraph 17 and 18 states that a sign was placed on pillar next to visitor parking bays, which is incorrect as at the time there was no sign affixed there (only a month later!).