County Court Claim from Parking Eye Ltd (Home Bargains)

KeithP

silverchoice wrote: »

Sorry I meant how do I file my mothers evidence for court.

Evidence and witness statement comes much later.

You need to be following the guidance in post #2 of the NEWBIES thread. All this is spelt out quite clearly there.

silverchoice

KeithP wrote: »

Evidence and witness statement comes much later.

You need to be following the guidance in post #2 of the NEWBIES thread. All this is spelt out quite clearly there.

It doesn’t say how you file the evidence which we need to do before the 30th July.

Coupon-mad

Is she at her Witness Statement and evidence stage then?

Read the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT TO DO WHEN' and click on bargepole's COURT PROCEDURES explanatory thread. He tells you everything.

And in the NEWBIES I give multiple examples of WS and evidence lists.

silverchoice

Coupon-mad wrote: »

Is she at her Witness Statement and evidence stage then?

Read the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT TO DO WHEN' and click on bargepole's COURT PROCEDURES explanatory thread. He tells you everything.

And in the NEWBIES I give multiple examples of WS and evidence lists.

Yes we are at the witness statement stage. Is it possible to create a witness statement by using the defence that was filed ?

Redx

the defence filed are the legal arguments why the defendant isnt liable

any WS from the defendant and anyone else tells their story and add exhibits (evidence) to back everything up

the paperwork from your local court tell you when to file these by and what to file (WS + EXHIBITS) and who to

so this is not a repeat of the defence, its the story, the facts as known at the time and since

in post #109 you said defence documents (already been filed) , not witness documents

the defence should have been emailed to the CCBC AS A SIGNED AND DATED PDF and seems to have been done so weeks ago , with a court date near the end of august from the local court


that document tells her (you) what to file and by a due date, plus who to file it with (the local county court and the claimant)

KeithP

silverchoice wrote: »

Is it possible to create a witness statement by using the defence that was filed ?

No, sorry that is not possible.

Of course a Defence that has been filed should be considered when creating a Witness Statement, but they are two entirely different documents.

Suggest you have another look at post #2 of the NEWBIES thread where there is good guidance on how to create a Witness Statement.

silverchoice

I will be speaking on my mothers behalf in court so do I still write the witness statement as her in first person ?

Redx

Yes, it's her WS as spoken or written by her, even if you actually do it, so as if she is narrating it and you are an audio typist, then she signs it as her own

Any statement by you is YOUR ws and from you and signed by you, nothing to do with her

Remember that in theory she is doing what we and the court says and you are not involved, which is why we keep reminding you that all the papers are in her name and she is defending it

silverchoice

Here is our first draft of our witness statement amended from a Bargepole one. Any comments would be greatly appreciated.


[FONT=&quot]In The County Court Claim No: xxxxxxxx[/FONT]
[FONT=&quot]Between[/FONT]

[FONT=&quot]PARKINGEYE Ltd (Claimant)

-and-

xxxxxxxxxxxxxxx (Defendant)[/FONT]

[FONT=&quot] [/FONT]

[FONT=&quot]______________________
WITNESS STATEMENT[/FONT][FONT=&quot]

[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]1. I am xxxxxxxxxxx, of xxxxxxxxxxxxxxxx the Defendant in this matter. I will say as follows:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. On xxxxxxxxx at 9:47am, I parked my vehicle registration number xxxxx in the car park. I did not notice the Claimant’s signage as it is [/FONT][FONT=&quot]displayed in a font which is too small to be read from a passing vehicle.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. I assumed the free parking time was two hours as it had been when the car park was for Netto.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4. I did not shop in Home Bargains and returned to my vehicle at 11:58am which I thought was acceptable including any grace period. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]5. [/FONT][FONT=&quot]Upon receipt of a parking charge notice from the Claimant, I was shocked to discover [/FONT][FONT=&quot]the free parking time had been reduced from two hours to one and a half hours.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6. I made a freedom of information request to xxxxxxx Council and they replied that no planning application has ever been made to reduce the free parking time.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]6. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Statement of Truth[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I believe that the facts stated in this Witness Statement are true.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Signature [/FONT]

KeithP

I think you need to explain in that Witness Statement exactly why the doctrine of promissory estoppel applies.

I'm not going to read your thread to find out, and neither will the Judge, but who promised what?