Need My Witness Statement Checking Over

iffy_jiffy

claxtome wrote: »

Great news :T

Time to :beer:

Did you manage to get any costs?

Which Court and which judge for the records?

Sorry for late reply - just picked up kids from school as half day today.

DJ Wilson at Preston Combined Court.

Agree 100%. Costs was raised by myself but because the judge stated it was "unreasonable conduct" by the claimant so i could not raise costs.- only the usual loss earnings for the defendant and travel. The loss off earnings for the defendant was 0 ie retired, travel costs was only 1 mile each way so not worth it.

Also, the signs were called into question for using the wording "customers" and there being no offer/acceptance and this model was breached due to the wording "customers" on the signage. The claimant representative tried to advise shes under the instruction of whatever evidence and their clients WS but at each point she raised (from ELMS Legal) DJ Wilson he said it cant stand as the law was breached ie.CPR 16.4. He also said at the inception that he's come across ES many a times and they have been instructed by him a number times of this.

Over in 10 mins. Just asked who the defendant was, myself and then ive read the claimants argument andnit doesnt stand. Boom...over straight away.

Have to stay, i am relieved, which is an understatement. Phew. :j

Umkomaas

Despite our earlier 'spat', well done on your win. Glad it came out positive for you. Glass or two tonight I suspect?

iffy_jiffy

C-M...i gave the usher the lay representative legal doc...he said give it to the judge...to which i did and his reply was "I KNOW THE LAW"... I replied "apologies". OOOOPPPSSS. Was dreading at that point. But then he spoke and killed the Claimants case.

The Claimants rep spoke to us privately before the hearing and said..do you understand thr procedure, i said "yes", she said on the evidence we have we could come a to a 50/50 agreement. I replied that "if you adhered to POFA, IPC, Practice Direction and Pre-Action Protocols then we could discuss but you havent so no". End of that then.

To be fair she was quite pleasant as she said (with a smile) at the end when we walked out "youll be glad to know that's the end of it and you wont be heating from us again"

iffy_jiffy

Umkomaas wrote: »

Despite our earlier 'spat', well done on your win. Glad it came out positive for you. Glass or two tonight I suspect?

So glad you've replied Umkomaas. Hope you've forgiven me!

Thanks and for all the advice. It'll have to be non-alcoholic as I don't drink lol....but i am going turkey tomorrow!!! That'll more than make up for it. I did hope I'd win before going as it would make the victory sweeter.

Coupon-mad

DJ Wilson at Preston Combined Court.

Yay - very well done to you and that Judge, another one bites the dust! :T

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

Contents of the particulars of claim
16.4

Ludicrous that a firm of solicitors can't manage that...

Celebrate your win and tell your family and friends, they must be proud of your stance!

[Deleted User]

Nicely done. Nothing like the rules being properly applied - it's not too much to ask.

Enjoy a cheeky Shloer now it's over!

iffy_jiffy

Yes, all proud ... But have said don't get anymore parking tickets.

Originally, 4 were given in 1 week (mon-thu) - yes 4! Replied back to all 4 and 1 was successfully appealed (even though they were clearly not appeals!). This case related to 2 PCNs so 1 other PCN is dormant. See if that crops up.

Schler or a mojito...in turkey...here i come... :-)

claxtome

This case related to 2 PCNs so 1 other PCN is dormant. See if that crops up.

Let's hope it remains dormant.
You know where to come if it doesn't

iffy_jiffy

claxtome wrote: »

Let's hope it remains dormant.
You know where to come if it doesn't

Hopefully! Thanks.

:A:T

The_Deep

Once again a DJ throws out a flawed claim in minutes, on which the defendant has probably spent hours, and perhaps paid for legal help, and refuses to compensate them.

It is time Judges took aboard the effect these claims can have on people, and applied the discretion the law allows him or her.

Now watch this video and complain like Frair Tuck to your MP

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
Failure to do so is a failure of justice.