Need My Witness Statement Checking Over

iffy_jiffy

The_Deep wrote: »

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.

Agree. I'll do this after the hols but definitely on my return. Makes sense as it causes my stress, worry and inconvenience. Its only another parking ticket to the PPC so they don't care!

Loadsofchildren123

great news and enjoy your holiday.


This irritates me a fair bit that a claim got struck out for breaching 16.4, because that's been the case since the claim was issued. The court should be much stricter and should have spotted that from the start and struck it out months ago. Many defences start by complaining the rule's been breached and inviting a strikeout, I'm not sure if yours did. If the court looked properly at the documents at the start they'd see the claim was rubbish. All's good in the end, but only after you've been forced through months of stress and hard work.

Castle

Loadsofchildren123 wrote: »

The court should be much stricter and should have spotted that from the start and struck it out months ago. Many defences start by complaining the rule's been breached and inviting a strikeout, I'm not sure if yours did.

Defence statement filed in January 2018:-
https://forums.moneysavingexpert.com/showpost.php?p=74367630&postcount=36

Loadsofchildren123

Thanks Castle - it wasn't specifically pleaded, but I'm not sure that would have made a difference. At that stage they just skim read the claim and defence to assign it to a track and make standard directions. No excuse though to make a LiP go through all that hassle and stress to strike it out because the PoC breached 16.4 - that's something that the court should have done at the start.


Is Preston known for being driver friendly?

DoaM

iffy_jiffy wrote: »

Costs was raised by myself but because the judge stated it was "unreasonable conduct" by the claimant so i could not raise costs.

Erm ... isn't that the definition of why extended costs SHOULD be applied?

PS - congrats.

Loadsofchildren123

DoaM wrote: »

Erm ... isn't that the definition of why extended costs SHOULD be applied?

PS - congrats.

Yes I thought that!

iffy_jiffy

Loadsofchildren123 wrote: »

Yes I thought that!

I thought regardless of the reason for the claim to be dismissed i could raise the costs but I'm not au fait with law so didn't want to argue with the DJ. Was a bit aggrieved that it was all one way during the course of thr claim ie Claimant making a claim for costs but i couldn't counter!