Driver observed leaving site whilst vehicle remained parked on premises

nosferatu1001

I would suggest that this was not a "notice of intention" per se. It was not signed as a notice at all.
But as pointed out, jsut ask the court for permission
ITs a letter
WRite a letter and post it here. Dont waffle.

Smaru

Thank you Coupon-mad.
So,if I assume this response to the SAR is to be treated as notice of intention ,then I would need to write the request to the court straightaway as the SAR response was received on the 31st Dec, and so i is 14 days today ( as 1st was a holiday)



I might need some help here:-(...what to write and who to address it to .


Please help ..

Smaru

Ok nosferatu1001..saw your post after posting my previous post .
I will write something and post it here

Thank you

nosferatu1001

Youre adderssing it to the judge, assuming you have a hearing date?

Coupon-mad

i think he's only at DQ stage so would need to just email it to the CCBC and ask for it to be added to the file (and send the same to the C).

No special way to word it but head it up 'permission sought to cross-examine the Claimant's hearsay witness evidence, in person at the hearing for claim no. xxxxxxxx'.

Don't be surprised if you get back a response telling you that all applications need a fee. Don't pay the fee nor make a formal application, just let your intention be known and stay on file.

Fruitcake

I would suggest that the SAR is not the formal note of intention to use hearsay evidence, but that there is such a method that informs all parties involved and this has yet to be received.

The process linked earlier has conditions attached on how the parties must be informed and reasons given why the witness will not be present

Thus the clock has not yet started to request the witness to attend as the response to the SAR does not meet the requirements as set out.

Smaru

nosferatu1001, I sent my defence on the 31st Dec and am awaiting further communication from the court. In the meanwhile,BW Legal has sent me their DQ (8th Jan) . I rang the court up couple of days and was told to wait .

Coupon-mad, thank you,will email the CCBC.

Smaru

I would suggest that the SAR is not the formal note of intention to use hearsay evidence, but that there is such a method that informs all parties involved and this has yet to be received.

and so wait before emailing the court ?
But in the meantime write to TPS asking them for further details ?

Coupon-mad

You can't wait before emailing the court, look at the 14 day deadline linked. I did say too it MUST go to the Claimant as well.

This is so much easier than you are making it (just 2 simple emails) and is somewhat of a mere exercise/posturing at the Claimant(!), because the court will reply telling you to pay a fee, and you won't!

Fruitcake

Smaru wrote: »

and so wait before emailing the court ?
But in the meantime write to TPS asking them for further details ?

It won't hurt to email the court now. However I have gone back and had another look at the information from the link provided earlier. The court sets out the method by which all parties must be informed including reasons why the witness will not be attending. I don't think the rely to the SAR meets the court's criteria for hearsay witness notification though.

Either they will do this and you then ask for the witness to be present stating why, or they don't and you complain they have not followed the court's directions and put you at a disadvantage by using hearsay evidence that you cannot "attack" or refute.

I really like the fact that the court directions uses the word "attack."

You could contact the scammers now or during the defence stage asking to see contemporaneous notes and demanding proof they were made at the time of the alleged event.