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County court letter (particulars of claim & parking sign pics attached)

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  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 5 November 2019 at 11:02AM
    Just a couple of questions:
    Should the Costs Claim be within the Witness Statement or separate?
    Can this all be emailed in to both the court and claimant?
    Schedule of costs is a separate item. It is recommended that your WS, evidence and cost schedule are hand delivered to the court in a ring binder with contents sheet and tabs for easy navigation through it for the judge. You can e-mail to the claimants if they allow it, otherwise post (with a FREE certificate of posting) to the address on the claim form.

    You might want to search the forum for the Abuse of Process thread by beamerguy with comment at post # 14 on that thread by Coupon-mad and supply the whole of that as a supplemental WS, just refer to it in your main WS.
  • wjam
    wjam Posts: 58 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 5 November 2019 at 12:30PM
    Le_Kirk appreciate the advice!

    Should I label this as:

    Supplemental Witness Statement

    ABUSE OF PROCESS

    1.....
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No. It is part of your witness statement.

    3) You should state something about the ID of the driver - if you were not sure of tehir identity, then stsate so. If you are NOT the driver, state so. If you do not want to comment then leave as is.

    Your point 8) is where teh abuse of process element comes in

    Your COSTS are wrong. You cannot use this as it stands. Start again

    1) Ordinary costs.
    MAX of £95 for one half days loss of pay OR loss of leave. No arguments. THis is a max
    Parking
    Mileage / 2nd class rail travel.

    2) Costs due to unreasonable behaviour - if and only if you are going to argue this. Bullet point their unreasonable behaviour just below the heading, and reference CPR27.14(2)(g)

    Time is charged at £19 per hour.
  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No. It is part of your witness statement.
    Sorry supplemental evidence - recently advised by Coupon-mad
  • wjam
    wjam Posts: 58 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 5 November 2019 at 3:09PM
    Hi nosferatu1001
    Thanks for your post.

    So should I add coupon-mad #14 post to my witness statement (under my point 8) or do this as an 'Exhibit' and attached as Supplemental Evidence?

    Thanks again



    No. It is part of your witness statement.

    3) You should state something about the ID of the driver - if you were not sure of tehir identity, then stsate so. If you are NOT the driver, state so. If you do not want to comment then leave as is.

    Your point 8) is where teh abuse of process element comes in

    Your COSTS are wrong. You cannot use this as it stands. Start again

    1) Ordinary costs.
    MAX of £95 for one half days loss of pay OR loss of leave. No arguments. THis is a max
    Parking
    Mileage / 2nd class rail travel.

    2) Costs due to unreasonable behaviour - if and only if you are going to argue this. Bullet point their unreasonable behaviour just below the heading, and reference CPR27.14(2)(g)

    Time is charged at £19 per hour.
  • wjam
    wjam Posts: 58 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Should I add Coupon-mads #14 (in full) post to my witness statement (under my point 8) or do this as an 'Exhibit' and attached as Supplemental Evidence?
  • Coupon-mad
    Coupon-mad Posts: 152,631 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Doesn't matter, there is no rule. I say it looks neater as a separate page and might be easier for the Judge to suss what is about what, and easier for you in court too.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • wjam
    wjam Posts: 58 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Coupon-mad wrote: »
    Doesn't matter, there is no rule. I say it looks neater as a separate page and might be easier for the Judge to suss what is about what, and easier for you in court too.

    Perfect thanks again Coupon-mad
  • wjam
    wjam Posts: 58 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Does anyone know how video evidence (divers POV video) can be submitted?

    Also, one final question. What can I expect in court? Will I have to go through my defense or witness statement? are there any do's and don't?

    Massive thank you to everyone who has helped so far. Such a great forum for info and advice!
  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    wjam wrote: »
    Does anyone know how video evidence (divers POV video) can be submitted?

    Also, one final question. What can I expect in court? Will I have to go through my defense or witness statement? are there any do's and don't?
    Video evidence must be submitted "on a durable medium" for example DC/DVD/USB Stick. Don't forget you have to submit to claimant as well.

    Usually posted by KeithP (so thanks to him)
    Have a look at this short video:
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