Driver observed leaving site whilst vehicle remained parked on premises

Smaru

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

Thank you.
will do it straightaway.
Presume claimant's rep (BW) does not need a copy ?

Coupon-mad

OK, 2 ways of looking at it and we know this isn't actually a formal notice of intention to rely on hearsay evidence....I was just suggesting a bit of a game of chess.

So, what you could do instead is email the Claimant and tell them that if they intend to rely upon unevidenced hearsay then they will need to file a formal Notice of Intention to rely on hearsay evidence and pay the appropriate fee, and that you will cross-examine that witness at the hearing and/or get the hearsay thrown out if they do not bring that witness to the hearing.

Smaru

Yes, wait before contacting the court. I was a little premature with my earlier suggestion as I was concerned you might miss a deadline. 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.

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.

Okay then...thank you Fruitcake . Coupon-mad, based on this post from Fruitcake ,should I wait for the court and perhaps write to only TPS in the meantime?

Fruitcake

Coupon-mad wrote: »

OK, 2 ways of looking at it and we know this isn't actually a formal notice of intention to rely on hearsay evidence....I was just suggesting a bit of a game of chess.

So, what you could do instead is email the Claimant and tell them that if they intend to rely upon unevidenced hearsay then they will need to file a formal Notice of Intention to rely on hearsay evidence and pay the appropriate fee, and that you will cross-examine that witness at the hearing and/or get the hearsay thrown out if they do not bring that witness to the hearing.

Yes, I think that is probably the best way to do this.

Quote the relevant sections of PART 33 - MISCELLANEOUS RULES ABOUT EVIDENCE when you do this.

Smaru

.

So, what you could do instead is email the Claimant and tell them that if they intend to rely upon unevidenced hearsay then they will need to file a formal Notice of Intention to rely on hearsay evidence and pay the appropriate fee, and that you will cross-examine that witness at the hearing and/or get the hearsay thrown out if they do not bring that witness to the hearing.

Thank you Coupon-mad,yes,thats what I will do.

My sincere gratitude to all of you for giving up so much of your time .

Smaru

So here's my email to the claimant (I have used most of your wordings-thank you for the vocabulary)



To,
Customer Service Manager ,
Total Parking Solutions,


Ref: PCN No ..
Dear Sir,

Sub : TPS presenting hearsay evidence in court



In response to my request for images of 'driver/occupants of the vehicle leaving the premsises ' that you hold, you have said that you do not hold any images.You go on to add that a witness statement from the issuer attendant will suffice.

I am writing to inform you that a witness statement is hearsay evidence. If you are intending to rely upon hearsay then you will need to file a formal Notice of Intention to rely on hearsay evidence and pay the appropriate fee.Altenatively,you will need to produce the issuer attendant in court. I will cross-examine that witness at the hearing.If you do not bring the attendant to the hearing, I will get the hearsay thrown out .

This is for your information only. I will be sending a copy of this to your representative BW Legal .

Coupon-mad

[STRIKE]Altenatively,[/STRIKE] Additionally, you will need to produce the issuer attendant in court.

No, not alternatively.

They'd have to do BOTH the application to rely on hearsay evidence AND have him/her turn up, too.

And how about:

If you do not bring the attendant to the hearing, I will ask the Judge to disregard the hearsay evidence, and my own witness statement and personal evidence will clearly be allowed.

Smaru

No, not alternatively. They'd have to do BOTH the application to rely on hearsay evidence AND have him/her turn up, too.

Okay;coupon-mad . thank you ...I didn't know that ..sorry for the ignorance.
Will edit it and send it off now.

Fruitcake

You might have missed this as I added it after you posted earlier.

Quote the relevant sections of PART 33 - MISCELLANEOUS RULES ABOUT EVIDENCE when you do the above. (Just the section numbers).

Smaru

Here's the edited version with suggestion incorporated :thank you Fruitcake, Coupon-mad and ParkingFines.


To,
Customer Service Manager .
Total Parking Solutions,
Kettering
Ref: PCN No ..
Dear Sir,
Sub : TPS presenting hearsay evidence in court

In response to my request for images of 'driver/occupants of the vehicle leaving the premsises ' that you hold, you have said that you do not hold any images.You go on to add that a witness statement from the issuer attendant will suffice.
I am writing to inform you that a witness statement is hearsay evidence.According to Civil Practice Direction 32,PART 33 - MISCELLANEOUS RULES ABOUT EVIDENCE,rule 33.2 , if you are intending to rely upon hearsay then you will need to file a formal Notice of Intention to rely on hearsay evidence and pay the appropriate fee.Additionally, you will need to produce the issuer attendant in court. I will cross-examine that witness at the hearing.If you do not bring the attendant to the hearing, I will ask the Judge to disregard the hearsay evidence, and my own witness statement and personal evidence will clearly be allowed.
This is for your information only. I will be sending a copy of this to your representative BW Legal .
.