ParkingEye almost beaten but i need your help!

superisk

Hi all,

Firstly, this forum is a fantastic resource - i responded to the county court case my wife received and used a solid template i found here.

I managed to get this to the court in time, ParkingEye however did not. Here is their opening statement -

"Please find enclosed the claimant's witness statement and supporting documents. We offer our sincerest apologies for the late submission of these documents. This was due to administrative error and it was believed that the deadline for filing and serving documents was 14 days prior to the hearing, as this is usually the case with small claims hearings. We note that the defendant has also breached the order by failing to file or serve any witness evidence or supporting documents himself. Therefore, we respectfully request that the claimant's witness statement and supporting documents are taken into evidence".

Firstly, they submitted late and this should be thrown out. Secondly, they have had the opportunity to respond directly to my witness statement in their witness statement.

I am going to write to the court and ask them to throw it out but just looking for a bit of guidance please.

Thanks!

Le_Kirk

You managed to "get this to the court in time" (presumably you mean the defence). ParkingEye seem to be blatantly telling a lie then if "defendant has also breached the order by failing to file or serve any witness evidence or supporting documents " is true. Which of the statements is true? Where is ParkingEye's opening statement? Do you mean their Witness Statement?

I've seen over the last couple of days that it doesn't seem to matter if claimants file late as judges just let it in anyway. Search the forum for late submission.

superisk

Yes, I sent my defence to the court by the allocated date, however ParkingEye are saying that my defence failed to include "witness evidence or supporting documents", which is a stretch at best. Our defence was comprehensive and based on a winning defence someone on this forum used previously.

Thanks for the heads up regarding late submissions, i'll have a search.

Redx

just to be clear , the defence goes to the CCBC in Northampton, not to the court, and DOES NOT INCLUDE the WS or exhibits at that time

the WS + EXHIBITS goes to your local court, after it has been allocated and before the date on the court papers, usually some 2 weeks prior but could be longer

Coupon-mad

superisk wrote: »

Yes, I sent my defence to the court by the allocated date, however ParkingEye are saying that my defence failed to include "witness evidence or supporting documents", which is a stretch at best. Our defence was comprehensive and based on a winning defence someone on this forum used previously.

Thanks for the heads up regarding late submissions, i'll have a search.

There is more than one stage:

DEFENCE is not your WITNESS STATEMENT/EVIDENCE.

You are also at fault and need to file & serve yours!

The letter from the local court, giving you the court date, also told all parties the date by which the Judge wanted YOU and PE to file & serve your Witness Statement and evidence...sounds like you've overlooked it?

Read the NEWBIES thread post #2 which tells you about each stage.

Coupon-mad

Just to add, please do NOT reply ''AM I STUFFED?'' (in fact, please search the forum for that phrase to save our typing fingers!). No you aren't, but get your finger out...

superisk

Thanks guys, in that case it was a witness statement because it was our second submission and I used a winning one i found on this forum (with some editing), it just didn't include any supporting documents as there were none to provide.

I've followed everything this forum suggested and i'm confident that my side is by the book, i just expected their late submission to provide me with an angle, but it doesn't appear to be the case.

Coupon-mad

Ah OK. How come you have submitted no evidence to support your case though?

You do have an angle at the hearing, to argue unreasonable conduct when it comes to the matter of costs, as per Dammermann:

https://www.bc-legal.co.uk/bcdn/112-182-recoverability-of-costs-in-small-claims-court-dammermann-v-lanyon-bowdler-llp-2017-ewca-civ-269.html