Ignoring letters - acknowledge?

Spetznaz7

Hello.

It's been a while since posting however I was just touching up a very long witness statement for my hearing when I stumbled across a blog post on the Parking Cowboys website from last July where somebody's whole case was thrown out because VCS had only provided a contract with a 'lawful occupier' as opposed to the actual landowner.

Now I just noticed in the claimant's witness statement sent to me for my case, that the contract they have provided in the bundle also shows that their 'client' is the 'lawful occupier'.

I'm just wondering if I'm on to something here or should I not get too excited about this?

Also should I raise it in my witness statement, or as it is more of a legal argument, just raise it on the day at the hearing??


Thanks

Umkomaas

Judges can vary in their interpretations. We've seen cases turn in both directions. On its own, it is not a showstopper.

Coupon-mad

But do include it as a point.

You've not been posting here since October, so unless you've been keeping up with the forum (I hope you have) you've perhaps missed reading what happened in a case in Southampton in November, that you can use in your own case (read the thread by CEC16) and you may have also missed that we always now tell people to file & serve their costs schedule in advance, too.

Spetznaz7

Thanks Coupon for that information, I have read up on the afore-mentioned threads re. recent verdicts around 'abuse of process', and I will certainly use it in the WS (as I had already done so in my Defence submitted in August).

I do have a rather basic question re. my WS when it concerns addressing, or actually challenging information provided by the claimant in their WS which I already have.

For instance, if they have provided a s'ite and boundary plan with instructions' document for the land in question, which includes a birds eye view / satelite view map of the car park, which highlights 4 supposed 'warning signs' from which I know for certain there was actually only one sign (and the claimants own photo's as well as my own photos I've taken attest to this), I just wondered in referring to this point do I need to effectively make copies of these particular docs from the claimants WS and provide them again in my own WS?
Or can I just simply refer to the claimants WS documents which we will all have a copy of anyway?

Coupon-mad

You can just refer to the Claimant's WS paragraph xx, or 'exhibit number xx' then debunk it with your own evidence photos.

How about a video to prove the signs are not there, if you are local still?

You can append a USB stick for the Court, securely tied to the rings of your nicely organised Ring Binder file you will be hand delivering to the local court asap - and post a USB and a few pages of photos to the Claimant (and email the rest, such as your costs schedule and WS).

Spetznaz7

Rather startlingly, I have just re-read the claimant's witness statement in which they actually claim to have never received my defence.

I posted it at the same time as I posted the defence to the courts (which moneyclaim site shows was received), however I do not have any proof of this.

My witness statement is being delivered tomorrow and my hearing is 16 days away, so now I am panicking that this will throw everything else out?

Clearly I am going to email the defence and the witness statement to the claimant asap, just wondering how this has affected other cases (assuming I'm not the only one who's been told they didn't receive a defence document before in the run up to the hearing)?

Coupon-mad

This never happens but was probably due to you not emailing it to the CCBC, but posting it instead, which we don't advise. Never mind, you are fine if you email it and say:

'Re claim number xxxxxxx

Dear Sir/Madam,

I understand you say in your template WS, that you have not received a copy of my defence, which is odd given it was posted to you and to the CCBC at Northampton, whose normal process is to post a copy to you with the N180 DQ. So, here it is again and a copy of my WS and evidence and COSTS SCHEDULE, which has also been posted to you, so don't lose that too.

I look forward to your notice of discontinuance.

Yours faithfully,

xxxx xxxxxxxx'.

Add a 'read receipt' and print out proof of emailing. Costs schedule too.

Spetznaz7

Thanks for that Coupon, it's reassured me (somewhat!) and I certainly will do all of the above.

Will report back on 29 Jan after my hearing to let you know the result - I'm half expecting to lose but I am using a supplementary witness statement from the abuse of process thread re. the £60, so hopefully this part at least is successful in disallowing.

Coupon-mad

Let us know how it goes, and search the forum for hearing tips first. Get there early.

Spetznaz7

Just a quick FYI that I won.

Not on Abuse of Process, though. It was dismissed purely with regard to the signage, or lack of at the site. Will explain in more detail when I get a chance, but wanted to say thanks to everyone that's part of this little forum, which was really helpful throughout the process.