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Defence for court

edited 4 May 2018 at 5:32PM in Parking tickets, fines & parking
16 replies 1.3K views
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  • JiltsJilts Forumite
    10 Posts
    Could anyone advise on what the outcome would be if you receive a witness statement less than 14 days before the court date? I know the case can potentially be thrown out but what would happen in the case of both parties? Hypothetically speaking of course.
  • nosferatu1001nosferatu1001 Forumite
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    Entirely up to the court. Actually speaking
    The usual sanction for late service would be to not allow the WS or documetns to be entered
    Arguably if the D is deficient it is of far less detriment to the C than if it were the other way around.

    Im guessing you failed to read you court docs and havent actually sent the WS in?
    Less hyopthecating more fact giving please.
  • JiltsJilts Forumite
    10 Posts
    Exactly that, had other things to deal with, won't go into detail about that but don't know the best course of action now, received claimants witness statement 13 days before court date, is it even worth doing one for the defendant now?
  • SystemSystem Forumite, Community Admin
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    but don't know the best course of action now, received claimants witness statement 13 days before court date

    There is only an issue if you have been prejudiced. You haven't.
    is it even worth doing one for the defendant now?

    It is recommended but if you don't the judge will look at the earlier defence. And if that has no evidence attached (as recommended here), there won't be much help for the judge.

    So someone needs to send any evidence they will rely on ASAP and a short write up of what happened on the day. Give it the title Witness Statement.
  • nosferatu1001nosferatu1001 Forumite
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    Just do it
    The claimant may oibject, but it is still better to have one filed than not.
    Just get on it.
  • Coupon-madCoupon-mad
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    Search the forum for LATE WS and read other threads that managed to bung something in - get it in to court in person, delivered by noon, with evidence (and the same is emailed to the other side).

    Loads of threads like this, far too many. JUST DO IT.


    (This is not a case that's followed the forum advice, so whatever the outcome it doesn't count as a forum win/loss now, not when someone steps outside the advice).
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