Parking Eye Court Claim Form - Please help

KeithP

hurtbuyer wrote: »

I see that the post above talks about the DQ coming in a week. Is that from the submission of defence because I submitted my defence a month back.

But you have taken IamEmanresu's comment out of context.
He made that comment at least a month after the Defence had been filed.

hurtbuyer

KeithP wrote: »

But you have taken IamEmanresu's comment out of context.
He made that comment at least a month after the Defence had been filed.

Pardon me, my mistake - I missed that bit!

I will get on to filling a form. Maybe, I will give the business centre a ring as well on Monday to check.

Thank you both ever so much for your continued help :T.

Redx

hurtbuyer wrote: »

I didn't receive anything from the Northampton CCBC regarding a DQ.

1) By the looks of it, this is from Parking Eye trying to pressurise me?

2) Should I assume that the fact that they are filling this form means that they are taking the court route?

YES, a lot of these claimants do this to try to bamboozle you, by saying they are helping you, so they get theirs to you first and hope you fill theirs in

2) DEFINITELY, they took Barry Beavis to 3 courts including the SC in London, so always assume they will take it to the nth degree

so always assume its going to court with PE , until it doesnt , PREPARE FOR THE WORST, HOPE FOR THE BEST

so if they pay the court fee, its more than likely they will keep going until the fat lady sings because PE are not afraid of court

hurtbuyer

Hello all

I have now received the court hearing date and need to file my witness statement which I am beginning to write. I have a few queries about this.

1. I am the defendant in this case as I am the registered keeper of the car but my wife who is staff at the hospital was the driver on the day and is fighting the case based on insufficient signage indicating that a particular area was visitor parking.
   She will go to the hearing as a witness - does that mean that the witness statement to be submitted should be from her or from me referring to her version.
   
   In the County Court at Cardiff, Cardiff Civil Justice Centre, 2 Park Street, Cardiff CF10 1ET.
   
   Claim No. XXXXXX
   
   Between
   
   PARKING EYE LTD (Claimant)
   
   and
   
   WHAT GOES HERE (Defendant)
   
   
   WITNESS STATEMENT
   
   
   
2. What is the basis for deciding if I need separate Witness Statement and Skeleton Argument vs needing just a Witness Statement
   
   
3. Should the exhibit with photos just be another document with photos/ images as required with labels which get referred to from the witness statement or do they need to have narratives individually within the exhibit document.

As ever, I will be most grateful for any help.

Umkomaas

Replies are on the basis that I've not ploughed through 74 previous posts ....

1. Who is actually being pursued by PE? They will be 'the Defendant'. Who is the registered keeper? If not your wife, has she been identified to PE as 'the driver'?

2. You are required to produce a Witness Statement, but producing a skeleton argument is optional, and is your decision. It's to use as a crib sheet on the day, to make sure you keep on track - as well as the Judge as far as possible - and to try to make sure all your key points of defence are covered. I've seen recommendations that suggest it should be no more than a single side of A4. I think you need to submit it the court and the solicitors a few days before your hearing. Possibly enclose it alongside your costs schedule.

3. Evidence should form part of your WS, whether as an appendix, each piece of evidence suitably cross-referenced in the relevant para(s) of your WS - like 'Defendant's Initials' 001, or interleaved within the pages of the WS. The latter could be a bit unwieldy, so, personally, I'd go for an appendix.

HTH

hurtbuyer

Umkomaas wrote: »

Replies are on the basis that I've not ploughed through 74 previous posts ....

1. Who is actually being pursued by PE? They will be 'the Defendant'. Who is the registered keeper? If not your wife, has she been identified to PE as 'the driver'?

I am being pursued. Yes she has been identified and that is the basis for the argument stating that as a member of staff with a valid permit, she parked in an area which was sign posted seemingly as a staff parking area but was a visitor parking area (no proper signs).
I assume I need to write it as defendant. Do I say at the beginning that my wife XXXX was the driver and I am presenting the facts of the day.

Umkomaas wrote: »

2. You are required to produce a Witness Statement, but producing a skeleton argument is optional, and is your decision. It's to use as a crib sheet on the day, to make sure you keep on track - as well as the Judge as far as possible - and to try to make sure all your key points of defence are covered. I've seen recommendations that suggest it should be no more than a single side of A4. I think you need to submit it the court and the solicitors a few days before your hearing. Possibly enclose it alongside your costs schedule.

Ok, essentially drawing the WS into a set of bullet points to act as a top level structure for the statement?

Any guidance on what I should put in costs schedule - time off work, research time etc.?

Umkomaas wrote: »

3. Evidence should form part of your WS, whether as an appendix, each piece of evidence suitably cross-referenced in the relevant para(s) of your WS - like 'Defendant's Initials' 001, or interleaved within the pages of the WS. The latter could be a bit unwieldy, so, personally, I'd go for an appendix.

HTH

So main WS and a separate document as appendix with labelled images (initial and number). Labels cross referenced from WS document.

Thank you very much!

KeithP

There are examples of Witness Statements and Costs Schedules linked from post #2 of the NEWBIES thread.

Umkomaas

hurtbuyer wrote: »

I am being pursued. Yes she has been identified and that is the basis for the argument stating that as a member of staff with a valid permit, she parked in an area which was sign posted seemingly as a staff parking area but was a visitor parking area (no proper signs).

At what point was your wife formally identified to PE as 'the driver', before or after the issue of the Court Claim?

hurtbuyer

KeithP wrote: »

There are examples of Witness Statements and Costs Schedules linked from post #2 of the NEWBIES thread.

I will read through - thank you.

hurtbuyer

Umkomaas wrote: »

At what point was your wife formally identified to PE as 'the driver', before or after the issue of the Court Claim?

I ignored all letters earlier and only formally stated it in the defence submitted.

One other question. I assume I will receive a copy of what PE are sending to the court but this will be sent to me by PE just as I need to send a copy of my WS to PE.
Since the dates maybe similar, I assume I may not have the opportunity to counter anything they say in their documentation within my WS.