Small Claim Received & Acknowledged.

big_dan_ldn

Hi All,

Received a witness statement from the solicitors today. My hearing is set to take place early June, so the parking company is going to try and see this through. I have over the 14 day period to submit my witness statement, but as I have learnt I won't be leaving this till the last minute so will complete one tomorrow and get it sent to the solicitor and the courts in time.

Am I good to post my statement here for critic? Does anyone have advice for the hearing? Wasn't expecting them to go all the way considering the blatant error in their paperwork and process. Their own WS contains both contradicting addresses so I am fairly confidence in my case...

Coupon-mad

I have over the 14 day period to submit my witness statement, but as I have learnt I won't be leaving this till the last minute so will complete one tomorrow and get it sent to the solicitor and the courts in time.

Don't forget Monday is a Bank Holiday, so no posting it Friday snail mail.

Am I good to post my statement here for critic?

Certainly, plus your proposed list of numbered evidence exhibits.

Does anyone have advice for the hearing?

Search the forum for:

hearing video

hearing tips

hearing wage slip half an hour early

...all of which, if you change the search default to SHOW RESULTS AS POSTS (not threads) will show you a wealth of hearing tips.

big_dan_ldn

Thanks!

With regards to evidence. How much to I need to provide to prove I wasn't at the address listed on the court papers, is using my actual parking ticket from that day (at a different address) a good thing to use? I took some photos on the day of that ticket that I intended to use in my defence of that ticket? I don't think my witness statement will be that long to be honest?!

big_dan_ldn

Sorry to keep asking, I am struggling with how much I need to put in my witness statement. My argument is that my car wasn't at the address in the particulars of the court document.

The particulars don't list my registration, they don't list any details except the completely wrong address. Do I include evidence that I wasn't at that location?

The remainder of their WS focuses on the paperwork relating to my actual parking ticket at a completely different address. At the top of their statement is the PCN number with a difference location listed to the location on the actual ticket they have included as evidence in their own witness statement?

Does the fact that they got the address wrong actually matter in court? I am suprised they are actually still going for it with such an obvious mistake and worried that they may not matter to the judge?

This is my WS so far:

1. I have never received a PCN in the location listed in the particulars of this claim.

2. My vehicle at the time was never at the address listed in the particulars of this claim.

3. I have also included as evidence an e-mail chain (i) relating to a subject access request I submitted on receiving the court documents. The SAR was submitted on the 18th January. I didn’t receive the data held on me by Gemini Parking Solutions until 14th March 2019. This response enabled me to confirm that I did not receive a PCN at the location listed on the court particulars. The data they hold clearly shows a date and time stamped photo of my vehicle at a different location to those provided in the court particulars. I have included this document as evidence (ii)

Is this an acceptable WS? Is it acceptable to e-mail the court a copy of my WS or does this have to be posted? If so, do I send to court of my hearing or the Northampton business center?

big_dan_ldn

I am wanting to get this posted today before the Bank Holiday on Monday. Is anyone able to assist?

Going to e-mail it to the court & post a copy also. As well as e-mailing the solicitors.

Le_Kirk

You send/take the Witness Statement to the court where your case has been allocated. You can e-mail or post (bit NOT any signed for service, just a FREE certificate of posting. It is normally recommended to have the WS plus the evidence in a ring binder with a contents sheet and all the evidence labelled but since you have a concise WS, this may not be necessary.

Coupon-mad

big_dan_ldn wrote: »

I am wanting to get this posted today before the Bank Holiday on Monday. Is anyone able to assist?

Going to e-mail it to the court & post a copy also. As well as e-mailing the solicitors.

I hope you didn't. You need to spend a LOT more time on your WS and evidence.

big_dan_ldn

As I said I am struggling to see what else my WS needs to cover and what other evidence I can use?

What more do I need to add?

KeithP

big_dan_ldn wrote: »

As I said I am struggling to see what else my WS needs to cover and what other evidence I can use?

What more do I need to add?

Read more witness statements to see how others have managed. There are plenty out there. Surely you are well aware that there are several example witness statements linked from post #2 of the NEWBIES thread?

big_dan_ldn

Hi,

Yes I have read many witness statements, but these are based around completely different arguments to mine. Mine is far simpler and is purely to highlight an blatant error in their solicitors filing court papers.

There is only so many ways I can say I didn't get a ticket where they are trying to claim I did?!

Apologies, I am not looking to be spoon fed I appreciate the work you guys do here but there is no precedent to this particular case that I can find! As always any help, hints or tips are much appreciated.