Gladstones claim form received

Ezisola

We have recieved a letter from the local court with a date of hearing (Feb 2019), date of exchange of witness statements and date by which fee must be paid. Is there a way to check if/when the fee has been paid as I assume it's not worthwhile spending ages working on a witness statement if the claiment then fails to pay the fee for trial.

Thanks.

Undisputed3001

Phone up the court and ask them if it's been paid. On the letter from the court there will be a date by which it should be paid.
As for the WS get it done. Chances are the court fee will be paid.
Remember to include EVERYTHING you're going to rely on in your WS. Make sure you get a certificate of posting when sending to claimant and court

KeithP

You usual advice here is to hand deliver the witness statement and evidence to the court. It will be the Defendant's local court.

Try to ensure the court's copy of the WS and evidence is neatly presented, preferably in an indexed binder or folder.
You are trying to make it easy for the Judge to follow and ensure they side with you. Every little helps.

Ezisola

Thank you both. Another question for you then:

If the car was parked in a company allocated parking space, would it in that situation be worthwhile naming the driving (an employee of said company who had a parking permit) to aid the defence of being allowed to park there?

nosferatu1001

No. Jusst get a statement from teh company that the vehicle was authorised.

Ezisola

nosferatu1001 wrote: »

No. Jusst get a statement from teh company that the vehicle was authorised.

Thanks. The driver has contacted their previous employer to get a statement that the vehicle was authorised to park there.

In the mean time is it best to wait for the claiment's witness statement to arrive? The Registered Keeper is struggling to write a witness statement without being able to confirm the exact details of the parking on the day as they have not admitted to being the driver.

nosferatu1001

WHat will the defendant do if their WS is delivered exactly on time? Submit one late?

Just write the facts of the day
You know the basis of the defence. Provide evidence to support it.

Ezisola

IN THE COUNTY COURT at READING

CLAIM No:

BETWEEN:

UK CAR PARK MANAGEMENT LTD (Claimant)

-and-

(Defendant)

________________________________________
WITNESS STATEMENT
________________________________________

I am XXX, also known by maiden name XXX, of address XXX, the Defendant in this matter. I will say as follows:

1. In 2017 I was employed by XXX company and attach a payslip for proof as Exhibit A.

2. My vehicle was issued with a parking permit to demonstrate it had permission to park at XXX business which is attached as Exhibit B


3. On 17th May 2017 my vehicle was parked at XXX business park.

4. After work on that day I went to my vehicle and noticed it had been issued with a parking charge despite having permission to park in the bay.

5. The parking charge stated that the vehicle did not display a valid permit however my parking permit was clearly displayed on the dashboard and I took a photo of it in location attached as Exhibit C.

6. Despite having a valid permit displayed, I checked the small and sparse signage in the carpark and confirmed that there was no requirement to display my permit anyway. I took a photo of the signage attached as Exhibit D.

7. Upon receipt of a letter from UK Carpark Management I responded requesting more information so that I could make an informed decision, attached as Exhibit E

8. UK Carpark Management replied with a copy & pasted template letter which didn’t address any of my points and made mention of points I had not even raised, attached as Exhibit F

9. I received no further communication from UK Carkpark Management.

10. It is my position that no contract was entered into with UK Carpark Management, no breach of contract occurred and that the Claimant has no standing or cause of action to litigate in this matter.

11. I invite the court to dismiss this claim in this entirety, and it award my costs of attendance at a hearing, such as are allowable pursuant to CPR 27.14.


[FONT=&quot]
I believe the facts stated in this Witness Statement are true [/FONT]

Coupon-mad

Ezisola wrote: »

Thank you both. Another question for you then:

If the car was parked in a company allocated parking space, would it in that situation be worthwhile naming the driving (an employee of said company who had a parking permit) to aid the defence of being allowed to park there?

Surely the WS you have now drafted, admits the D was the driver?

Ezisola

Coupon-mad wrote: »

Surely the WS you have now drafted, admits the D was the driver?

I dont think so? I've just made reference to my vehicle being parked (not said by whom) and me going to it after work.