Letter before claim from Gladstones

Joey_Santiago

This is in response to their WS, supplied a week late. Do you think all these points are best left until the day then?

Le_Kirk

This would normally be encompassed within your witness statement. Have you submitted your WS yet?

Joey_Santiago

Yep, that's all in the thread above. All the points are covered in that but this was more of a response to their WS. If everyone thinks that would be better brought up on the day that's fine but I thought some response was warranted, due to the fact that I've abided by the 14 day rule and they haven't?

Joey_Santiago

Would really appreciate some advice on course of action here. Their WS was received a week after the deadline and contains a marked up map of signs which don't exist. As the locations of the signs are so key to my case do I respond now or wait until the day to make these points?
I understand the skeleton argument is not really the way to do that but not sure how else to respond?

Le_Kirk

You could point out to the judge at the beginning of the hearing that the WS from the claimant was a week over the deadline that the court/judge had set and you would like it discounted. Nothing wrong with taking a short Skeleton Argument that is a series of bullet points to remind you what parts of the claimant's WS you want to refute but if you want to do this then don't ask for it to be discounted. Look at some successful court reports and see how long defendants were given to speak. Sometimes not very long. Search the forum for Another one bites the dust as your keyword(s).

NorfolkBOI

I bow to better qualified folks.

Maybe it needs trimming down to be more concise.

The text you posted is based on a SA from coupon mad I see with customisations based on you WS.

What harm will it do either the judge will read it or wont.

If it's in at least they cannot say they had it on the day and may the judge reads it or not.

I would have a look at it at make it more concise then if the judge reads it and does not allow it at least he has seen it and it may stay in his mind.

We have now had 3/4 people in court for Earlham house and the DJ has stated there are 500 claims.

Sadly some people have already lost their claims and the judge has allowed the additional fees.

One defendant had the supplemental WS with the information from Coupon Mad and Southampton cases.

That claimant won (due to NPE self signing both signatures on the owner/parking co contract) but the judge told them that if this had not been the case he would have found for National parking enforcement.

I hope this is a case of the Judge finding a home run and not reading the other information provided rather than actually reading the information provided and flying in the face of POFA, CR2015 etc

Le_Kirk

Go for it then, just make sure it is a help not a hindrance by condensing it as stated and that it is a bullet point set of headings taking you/the judge to important points.

nosferatu1001

Judges have limited time
Keep it short and to the point, and youre onto a winner
Drown them in text, you risk losing their engagement and, at worst, boring them
Theyre human, theyre under time pressures you dont see, and so you must appreicate that.

Joey_Santiago

Thanks, good advice - I've trimmed to a single page and will submit it later.

Joey_Santiago

Court tomorrow and just wanted to check something...
I have the preliminary matters piece to start with asking if their representative has the 'Right of Audience' and assuming that doesn't change anything they will then go through the details of their claim against me.
I would like to bring up the fact that they supplied their WS late and more importantly that it contains photographic evidence which is knowingly false (showing locations of signs where there are none) but should I do this at the start with preliminary matters or wait until my turn when I go through my WS?