Help! Have followed advice so far...but worried

Lotuslady

Ahh, just found that, ThankU!

Lotuslady

Unkomaas 😂 funnily enough in this claim I parked just adjacent to the Co-op at the site!!!

Lotuslady

I have amended my WS as per all your suggestions thankyou.. prob not time for comments on this last bit.. we’ll see,... Have added this last bit after para 29 now renumbered to 30 (as separated out a former bit of text into 2 extra paragraphs....) in case you’d like to see it..

Unreasonable conduct and summing up

31.   I would also like it noted that I entered into negotiations with the Claimant Company’s Solicitor (Gladstones) via email on 28th April 2020 when COVID struck in an attempt to end this claim and explain my side which entailed numerous emails back and forth.  I forwarded to them photos and a video showing lack of signage at the site. 

32.  Gladstones did not reply to my last email of 15th July shown in Exhibit JR01 “J”  detailing further evidence of their lack of signage. Instead I received the CWS bundle on 27th July via the post.  Please also note the long lapses in reply from Gladstones of 21 days and 19 days in the emails (same Exhibit JR01 “J”)  from June 22nd and 13th July.  The Notice of Allocations to the Small Claims Track (Hearing) was dated 9th July 2020 and it can be seen then that I received a couple of email replies quite quickly just after this time.

33.  These long lapses appeared to be very unreasonable, particularly as at the first lapse the email stated “ I can’t seem to see the last two videos, are you able to resend them...” and after the second long lapse, (a reply to my email asking if I could send the videos again in different formats) the reply stated “we only have one video on file, in any event I have forwarded your evidence...”

34.  In light of paragraphs 32 and 33, I am sure that this must be a case of Vexatious litigation on the part of the Claimant, as mentioned in paragraphs 22 and 23 UKCPM have already been shown to use Invalid signatures on their CWS’s.  JR01 “K” is a BBC article as regards some of their previous practices about self ticketing which shows them in a very unfavourable light.

35.  In light of their being no valid contract or agreement between Claimant and Landowner, nor proof of valid contract between any driver and the Claimant, plus the abuse of process regarding inflated added costs, and the invalidity of the CWS. I ask the court to dismiss the case as having no rights to bring the action regarding this claim.

36.  I also request “unreasonable conduct” costs to be added, and ask that the judge grant my full costs because this claim is not just without merit, it is fundamentally unlawful that this Ltd company Claimant even got my data, or issued PCN’s to anyone at this location. Pursuant to CPR27.14. I append my Summary Costs Assesssment. 

Statement of Truth

I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed.                                                                                 Dated.

DoaM

Lotuslady said:

I have amended my WS as per all your suggestions thankyou.. prob not time for comments on this last bit.. we’ll see,... Have added this last bit after para 29 now renumbered to 30 (as separated out a former bit of text into 2 extra paragraphs....) in case you’d like to see it..

Unreasonable conduct and summing up

31.   I would also like it noted that I entered into negotiations with the Claimant Company’s Solicitor (Gladstones) via email on 28th April 2020 when COVID struck in an attempt to end this claim and explain my side which entailed numerous emails back and forth.  I forwarded to them photos and a video showing lack of signage at the site. 

32.  Gladstones did not reply to my last email of 15th July shown in Exhibit JR01 “J”  detailing further evidence of their lack of signage. Instead I received the Claimant's WS bundle on 27th July via the post.  Please also note the long lapses in reply from Gladstones of 21 days and 19 days in the emails (same Exhibit JR01 “J”)  from June 22nd and 13th July.  The Notice of Allocations to the Small Claims Track (Hearing) was dated 9th July 2020 and it can be seen then that I received a couple of email replies quite quickly just after this time.

33.  These long lapses appeared to be very unreasonable, particularly as at the first lapse the email stated “ I can’t seem to see the last two videos, are you able to resend them...” and after the second long lapse, (a reply to my email asking if I could send the videos again in different formats) the reply stated “we only have one video on file, in any event I have forwarded your evidence...”

34.  In light of paragraphs 32 and 33, I am sure that this must be a case of Vexatious litigation on the part of the Claimant, as mentioned in paragraphs 22 and 23 UKCPM have already been shown to use Invalid signatures on their CWS’s WSs.  JR01 “K” is a BBC article as regards some of their previous practices about self ticketing which shows them in a very unfavourable light.

35.  In light of there being no valid contract or agreement between Claimant and Landowner, nor proof of valid contract between any driver and the Claimant, plus the abuse of process regarding inflated added costs, and the invalidity of the Claimant's WS. I ask the court to dismiss the case as having no rights to bring the action regarding this claim.

36.  I also request “unreasonable conduct” costs to be added, and ask that the judge grant my full costs because this claim is not just without merit, it is fundamentally unlawful that this Ltd company Claimant even got my data, or issued PCNs to anyone at this location. Pursuant to CPR27.14(g). I append my Summary Costs Assessment. 

Statement of Truth

I believe that the facts stated in this Witness Statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed.                                                                                 Dated.

Some suggestions. The misuse of the apostrophe is a particular bugbear of mine.
Regarding CPR27.14 ... I've added (g) in italics as I'm not 100% if that addition is correct.

PS - run a UK English spell checker on your document before finalising.

Fruitcake

18.2   There is no sign present (towards the end of the video) as marked up by a yellow circle on my Exhibit JR01 “G” as yet is indicated on the Claimant’s Site Plan.

26.  In the case of UKCPM v Mrs A on 17th October, Deputy District Judge Cohan at High Wycombe struck out both claims. He also agreed that the two factors of late service and a defective WS Crossed the the threshold of unreasonable behaviour and awarded Mrs A her full costs in the sum of £331.8-, which he said was a very reasonable figure.

36.  I also request “unreasonable conduct” costs to be added, and ask that the judge grant my full costs because this claim is not just without merit, it is fundamentally unlawful that this Ltd company Claimant even got obtained and processed my data, or issued PCN’s to anyone at this location. Pursuant to CPR27.14. I append my Summary Costs Assessment. 



Personally I think "Claimant's WS" reads better than "CWS". If you do go with the latter, make sure para 7 says CWS and not WS.

Le_Kirk

Fruitcake said:

Personally I think "Claimant's WS" reads better than "CWS". If you do go with the latter, make sure para 7 says CWS and not WS.

Provided you put Claimant's Witness Statement (CWS) the first time you use it, you can then put CWS every subsequent time.

nosferatu1001

I would still say Claimants' WS. WS everyone knows. CWS everyone doesnt know. Its hardly a chore to do, and it improves readability .

Lotuslady

Thanks all for all your very helpful comments, will amend with your suggestions..
summary costs assessment to go now! Will make a mad dash to court tomorrow to post in their box.
Court date is not till November 16th @3pm so will keep you posted!

nosferatu1001

Remember to split your costs assesmnet in 2
Ordinary
Unreasonable
remember to explain what the costs for the second part relate to - writing a defence, researching WS< etc. Categories help the court to justify. 

Lotuslady

PS Re DoaM’s comment re CPR27.14. It is (g) as just checked.. this is the part about unreasonable costs assessment.