Please help confirming my witness statement is sufficient

Coupon-mad

Send the costs to them once a week, until they give up.

Head it up ''summary costs assessment'' and put in the most expensive flights you can find and a screenshot to evidence them.

Did you tell the court you are going to be abroad? when you send the court a copy, with your defence for this one with a hearing, tell the Judge that you have warned the Claimant 'more than once' about these costs (and make sure you do).

Is this date when you are going to have to fly in?

2) A date has now been set for the trial for the initial charge. The letter has info such as:

* Must send a copy of defence to the claimant by X date
* parties must file at court and send to the other party witness statements of all the evidence on which they wish to rely.
* the counterclaim is struck as disclosing no reasonable grounds for counterclaiming.
* Hearing fee must be paid by X date, and if they do not pay, the claim will be struck out without further order and unless the court orders otherwise, they will be liable for costs

zap99

1) Is there a limit that you can claim per day? This is a realistic figure for me based on my income.
2) Is this a reasonable cost schedule? (I've removed the header)





Ordinary Costs


Loss of earnings/leave, incurred through attendance at Court for xx/xx/2019 (0.5 days): £297.00

Loss of earnings/leave, incurred through attendance at Court for xx/xx/2019 (0.5 days): £297.00

Cost to file N244 form: £255

Costs of transport incurred through attendance at Court for xx/xx/2020: £1745
(As of 08/03/2020 I will be taking up a remote post. In order to attend this court date, I will need to fly to London.)

Sub-total £2594 ======


Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00

Stationery, printing, photocopying and postage: £15.00

Sub-total £72 ======

Grand total of costs: £2666

Coupon-mad

Yes, submit that.

What about taxi or train to the court and overnight subsistence?

Also your loss of earnings/leave will be more than half a day, if you fly in!

zap99

Cheers, Coupon-Mad! I didn't even factor that in, so I have adjusted accordingly.

So today I will be firing off the schedule of costs, as well as my witness statement. Please can you give this a read and comment?

---

WITNESS STATEMENT
1. At the time of the alleged incident, the defendant was a resident in the apartment block attached to the car park in question.

2. It is not contested that the defendant was the driver of the vehicle at the time of the alleged incident.

3. The defendant was moving out of their primary residence on this day, and in order to do so, the concierge needed to be informed as such. This is because I was required to hand my keys back to them once completed.


4. The claimant is claiming an amount of ~£350 for breaching the ‘authorised vehicles only’ rule, however, I contest that I was in fact authorised to use the car park for the purpose of furniture removal.

5. On the date in question, the defendant informed the concierge that they will be hiring a van for the purpose of furniture removal, and at this point they were explicitly instructed to use the underground car park. There is no other reasonable and accessible place to load and unload furniture.


6. As the means to obtain authorisation is to “report to the concierge within 30 minutes”, it is entirely reasonable to accept that this was performed prior to entering the car park, and as such, the claim of ‘unauthorised access’ is frivolous and has no merit whatsoever as the defendant has in fact incidentally complied with the arbitrary rules in place.

7. Upon returning to the car park in 2019, it is noted that the claimant is no longer the assigned operator of the car park, and several adjustments to entry authorisation have been made. This includes a ticketing and barrier system rather than an arbitrary requirement of reporting to the concierge (who may or may not be present at the time).

8. Further, the claimant has behaved entirely unreasonably by inflating costs unnecessarily, failing to trace the defendant, and failing to have in place a reasonable access control system. As referenced in point 7 above, the defendant is no longer the controller of the car park, so it is reasonable to assume that this is an admission that their access control policies were not adequate.


Thanks!

Coupon-mad

Where's your evidence? THIS IS YOUR TIME TO SUBMIT THE ONLY EVIDENCE.

Photos?

Proof of moving?

Proof of being abroad?

Jopson v Homeguard?

Your points about the added false costs, as per post #14 of the ABUSE OF PROCESS thread by beamerguy? CRA 2015?

zap99

1) I do not have any evidence of the car park signs as they were in 2016 - they no longer control the car park so it's not possible for me to get that.

2) I have proof that I will be abroad and will attach this

3) I have proof of moving out and will attach this too

4) I have done more research in terms of Jospon v Homeguard and will be altering my defense accordingly.

Apologies, I know this must be frustrating for you, but if it weren't for the possibility of them just discontinuing, I would just pay the money and have it done with. It's hard to justify just how much time is needed to write an accurate defense when it requires literally hours upon hours of reading.

I have already submitted a defense from several posts back (I was required to do so as part of the set-aside), so I thought this was just my version of events of what happened.

Coupon-mad

1) I do not have any evidence of the car park signs as they were in 2016 - they no longer control the car park so it's not possible for me to get that.

GoogleStreetView doesn't show the place when you drag the little yellow man into place on the nearest road? You know you can change the image dates on GSV and many Defendants use this evidence, by backdating the images using the little arrow.

Glad you have done a defence but you need to provide evidence. Signage evidence from GSV older images may be key.

kevipedia

zap99

So today is the day that CEL need to 'submit to the court and to the other party all evidence on which they wish to rely'. I, rather unsurprisingly, haven't received anything. What action does the court take seeing as though I haven't received their submission?

zap99

After constant no replies from CEL, I contacted the court as they have not filed any info with the courts by the cut off date.
They finally acknowledged my email, and then claimed they hadn't received anything from the court! The beautiful irony of it all.
They then further had the audacity to ask me to send them the claim information! I told them politely to retrieve the information from the courts, and further, to pay careful attention to my costs schedule as I'll need to take an international flight to attend.

Let's see what happens - they have a few weeks to pay the £55 fee, and if they don't, the case is struck out with costs!