Papers only claim

Redx

get the defendant to get a pen and a piece of A4 paper

get them to write down what they actually know about this incident , plus what they were TOLD about this incident, adding a comment that they have been told that "promissory estoppel! applies in this case

also get the son to do the same , what he KNOWS about the incident, what he was told on the day in question and by whom (tenant , security guard etc). he can also write that he has been told that "promissory estoppel" applies and he was only following instructions by the various people on site as he has no written knowledge of the tenancy contract or visitor instructions so had to rely on verbal instructions

write the 2 statements on here in 2 separate posts so we can see what is written

when this is all approved get them signed and dated

the defendant will then follow the full instructions on the latest letter and deliver copies of both statements to the court and to the claimant, plus keep a third copy for themselves

also bear in mind that the technical instructions we are telling you about are nearly always for windows based laptops, not Ipads, so unless somebody like Umkomaas gives you specific IPAD instructions like he did above, assume its not for ipads at all, meaning its your job to find the equivalent instructions for apple products seeing as you bought and own it

the defendant can also tell the court in a separate written and signed and dated statement that mediation is not wanted and they wish for the judge to hear it "on papers" because ...........................

give copies to the court and defendant at the same time as the WS are done

uselesspleasehelp

Ah ok. Well it’s just the car is registered to my husband, he only knows from what my son tells him as the driver, as to what happened so should he just say the story as told by my son or just say he is only the regi

Le_Kirk

One can only write what you know as a witness, therefore your husband cannot write what happened in the car park but your son can. Your husband can write what your son told him, although I am not sure if that comes under the term of hearsay. Others will know about this and will be along soon to advise.

uselesspleasehelp

sorry, do you mean lay it all out properly? This is where I have trouble understanding things I’m so sorry, I think I understand it as my husband writes what my son told him and my son writes what happened even though obviously both stories will be the same? Then you want me to write on here what they are written, this is going to be a long process, my son now lives elsewhere and I never really see him so I guess I would have to get him to tell me on the phone and I write it down just to show you, but then I type it out and send to him for him to sign, is that right?

uselesspleasehelp

Ah I did wonder. It’s quite complicated and I really hope someone can help me like you have, I only carried on with this after being told come back at WS stage and they will help me, so would be great if someone can otherwise this is all going to go very wrong, I wasn’t sure who should say what happened me how to actually put it into words, I can have an idea but then actually putting it in writing is where it all goes very wrong for me, I wish I was more literate I really do, thank you for your patience

Redx

correct

I thought I made it crystal clear what they should both be doing, because you need them BOTH to write a WS each and BOTH need to be submitted, as well as the hear it on papers request too (all in writing)

the judge has told your husband to write a WS in the letter he received so unless your husband wishes to defy the judge and not do so, then he must do so, so he writes down what he KNOWS and what he has been told about this saga and tells the judge in his signed WS

he also writes a letter to the same court asking for it to be heard on papers because.... (give the reasons why he does not wish to attend court) - this is what you asked about all along, so it gets done at this time too

your son can dictate over the phone or email or write a WS , sign and date it and send it to you,, whatever it takes, so dont ask, just DO, but its not a WS until its written down and signed and dated, so however you get it done, it must come back to your husband as a written signed and dated WS, so that your husband can photocopy it and submit it

once all these papers are done and signed and dated , make at least 2 or 3 copies, send the originals to the court and copies to the claimant and keep a copy yourselves

that recent court letter has told your husband what to do, so as defendant he must do it, no ifs , no buts, he must follow their instructions to the letter

background :- your son was a witness to what happened on the day because it happened to him, so he writes his story (his WS) which backs up dads story and adds details that dad would not know but are crucial to this case (facts)


both stories (WS) are given to the court and to the claimant , as well as the "on papers" request


if YOU want them to be checked, then copy them onto here as separate letters, but cross out the personal info with XXXXX in each and every part of each letter, so no names, no references , no number plate details, no identifiers

Coupon-mad

Just two signed & dated stories of what happened, with the headings (top) and statement of truth (bottom) that the helpful Judge told you to put on these statements. Easier than you think.

Your son DOES NOT write that he 'didn't look' for signs or 'failed' to see signs.

He writes that no signs were clear & obvious at all and that he was certainly authorised to park and had no opportunity to read or even guess that there were any contractual terms where he parked.

Can you also get a 3rd witness statement, from the resident who authorised him to park?

Your papers need to be pretty good if the D is planning to tell the Judge a couple of weeks before the hearing that he wants the case heard in his absence (which is not what this forum recommends).

And yes, why not get someone with a PC in the family/or a good friend to do these for you, it will take a competent person minutes to type up the headings, statement, and then add the ending and name/date section. You will also need these printed and signed/dated so will need someone with a printer to assist you anyway.

Redx

I agree with the above, so add a 3rd written , signed & dated WS to the mix from the resident that the son visited, if possible, again to back up what your husband was "told" by the son when your hubby received the PCN (which was why he hasnt paid it)

and as above, your son states that the signs were not clear and obvious , he was authorised to park and no paperwork was shown to him that made him think any contracts were in force , etc etc

so your son believed the resident and the security guard , your husband believed your son, so ideally 3 people tell the story as they know it (the 3 of 4 people involved , because I doubt that the security guard will write down his story)


ps:- its a bit late now but in future , your husband will name the driver in his first reply to the PPC and let the driver deal with it once the driver has ther pcn in their OWN NAME , which hubby should have done in this particular case due to your personal circumstances

uselesspleasehelp

Oh thank you so much for making this clearer, I’m sorry to be such a headache, I annoy myself so must infuriate you such helpful people. I will do my best to get this done, still not much idea what to say compared to everyone else’s, but can I add the pofa line, and the ones others have used as I did in my defence? Also I have just driven to the place and taken photos, should I not include those? There’s no visible signs. But also the friend has moved out and due to this are actually no longer friends anyway, so that’s a real pain. this has caused so much drama and stress to us. My husband won’t defend my son in court basically, and despite the fact he would get in trouble at the end of the day, he just won’t, it’s a long story about a not great relationship, i don’t even know what reason to give for papers only, another headache.

uselesspleasehelp

Thank you so much for making this clearer for me, I’m so sorry and grateful, I’m such a pain I know, but let’s hope I manage to do this after all this .