Notice of proposed allocation to small claim track

KeithP

Tx2mush wrote: »

Hi I have requested an SAR FROM Gemini but they want to see my passport and utility bill which I'm not comfortable doing as they will have even more of my information, is the SAR necessary?

This gets asked every day.

Use the forum search facility for passport using show posts and you will find the answer.

We really cannot be posting the same thing day after day.

Tx2mush wrote: »

Also is there a up to date witness statement template or example online I can use?

There are several example Witness Statements linked from post #2 of the NEWBIES FAQ sticky thread.

Redx

there are NO templates for this task or tasks

there are EXAMPLES of what others have written to provide inspiration, each one is bespoke because it is "thir story" about this incident or event

only YOU know the story, so it is YOUR WS

if you are looking for templates you are wasting your time

as for your defence, only somone with legal training or background can reply or should reply, not those of us who have none and no experience of it, this is NOT a legal aid forum, as it clearly says in my signature

please read this recent post of mine which explains it

https://forums.moneysavingexpert.com/showpost.php?p=75126216&postcount=46

this is a parking charge forum, not legal beagles , we are NOT solicitors (except maybe 2 to 5 people with legal backgrounds), this forum could keep solicitors busy 24/7/365 for no reward

if you DO get a reply from a qualified respondent, well done, heed what they say

as for the rest of us, we try to point out the common sense or what you and others who come here should be doing, which is self help, usually involving research and reading. we wont do this for you

good luck

Tx2mush

Coupon-mad wrote: »

No you can't attend instead of the Defendant.

If she can't attend, she can write to the Judge and ask for a hearing on the papers, instead of an oral hearing. She will LOSE if she has weak papers/evidence...

I am concerned that:

- we have not seen her defence

- we have not heard from you that she's filed any Witness Statement/evidence.

Show us the defence, we have no idea what template you copied!

Show us her draft WS and evidence (the thing that the NEWBIES thread tells you that she has to file before a hearing that states her case and shows the Judge her evidence).

hi coupon_mad please see defence which I have added,Iim at the stage of witness statement now any advice would be appreciated thanks.

Tx2mush

hi again unfortunately I have come to a bit of a dead end finding inspiration for my witness statement.

I have searched the forums and can not seem to find any case relating to mine, Im arguing as a keeper who was not driving and the car when it was parked on a pay and display with no ticket.

I will be starting witness statement from scratch as cant find anything similar, some advice on how to reference and the relevance of the legal case studies and schedules mentioned in the newbies post are relevant to my case and how I would include them would be much appreciated.

I would also like to know if I would have to include a legal argument with my statetment or is that covered in my defence? also when sending the papers of to the court do I also send a copy to the claimant gemini?

nosferatu1001

You havent listened to what you have been told

YOUR WS is YOUR account of the day in questoin, and the events after
It is a series of facts

There is no "inspiraiton" needed, because you are firstly listing just facts
Then, you refernece in there any evidnece, other than your testimony, that supports those facts.

You do not make legal arguments in your WS, as you have already made all the arguments you can in your defence.

You of course send a copy to the claimant, because you are ORdered to do so. It says to serve on all paritres, clearly they are a party.

Tx2mush

Thank you for your response.

I understand and am clear on explaining the events of the incident ect. Im just not clear on reference the schedule 4 and what relevance it has to the case. As in the newbies post it recommends you include certain case studies as exhibits.

Tx2mush

Hi is there anyone who could advise if my defence I have posted is sufficient and worth proceeding with. I have already submitted to the court and court date is up and coming really soon I have drafted witness statement and ready to go just need some reassurance as have not done this before.

I know this is not a legal forum but reading other posts I see some very useful advice has been given to others but I have been ignored for some reason .