Letter Before Claim, EXCEL

Redx

the court will write to you, probably in less than 6 months , this order will give you the deadlines and proposed hearing date


read the BARGEPOLE post "what hjappens and when" in the NEWBIES thread

Pringle114

Just received a "Notice of Allocation to the Small Claims Track" I have until 23rd August to submit my witness statement to the court & Excel.

Do I submit my witness statement online or by post?

Also does the witness statement have to be strict facts only? For example, do I include that I was in a rush as I had to pick my daughter up and didn't have much time. Or is this seen as irrelevant?

Thanks for any more help!

Quentin

Witness statements are covered in the newbies FAQ thread near the top of the forum

See post #2 there

Pringle114

Also, the letter states I must pay £25 court fees atleast 28 days before the hearing date, but there isnt a hearing date on the letter??

Redx

The claimant pays that fee, not the defendant, read it more carefully

Pringle114

Ok thanks for that I'll have another read

Pringle114

Please take a look at me below draft witness statement. I don't have any hard evidence or documents to include as it's basically a "my word against theirs" scenario.




IN THE COUNTY COURT


CLAIM No:*********


BETWEEN:


Excel Parking Services Ltd (Claimant)


and


**********(Defendant)

---

Witness Statement

---

• I am ********, the defendant in this matter. I will say as follows:
  
  
• On *****, I visited ******************.
  
  
• I parked my car then approached the PDT machine to purchase a ticket.
  
  
• Of the two machines that were there, one stated it was out of order. I then proceeded to use the other, which appeared to be working OK. I inserted my money into the machine, the machine did not issue a ticket and did not refund my money.
  
  
• As I had paid the required tariff and wasn’t issued a ticket (by fault of the claimant) I felt entitled to use the car park.
  
  
• Upon returning to my car I found a misleading red envelope, stating ''this is NOT a parking charge notice''. Many of the surrounding cars had the same red envelope with equally frustrated motorists.
  
  
• I have repeatedly requested PDT machine records at the time of the alleged contravention as I believe this will show a clear and obvious problem with the machines, but the claimant has been obstructive and continuously refused.
  
  

Statement of Truth


I believe the facts stated in this Witness Statement are true.


Signature


Date




Thanks for any suggestions!

Pringle114

Anyone? I'm away on holiday this week and would like to get this sent off before I go.

Thanks

Pringle114

Any opinions on my WS?? I don't want to send it off if it can be improved/changed.


Also, is a skeleton argument recommended?? It seems like a pretty straight forward case and not a great deal to expand on. Just wondering if its worth it/recommended?


Thanks!

The_Deep

Excellent. IMO no reasonable judge could uphold their claim. Have you considered asking for "unreasonable behaviour " costs, CPR27.14(2)(g) when you win?.

Also, complain to your MP and Trading Standards if you have not already done so as nine times out of ten these tickets are scams.