Witness Statement - could someone take a look please?

Bluey1972

*Edited*

Sorry that I put up a defence claim instead of my statment . My statmenet is #16 I will let you all know my defence when I can get online to pull it off.

Thank you again to all of you who have reached out.

KeithP

You start by asking for help with your Witness Statement and then show us a Defence for comment.

Let's take a step back.

We need to understand what stage you are at in the process.

What is the Issue Date on your County Court Claim Form?

Have you already filed a Defence?

What are you studying at Uni?

Bluey1972

Hi Keith P

Thank you for your reply.

I am very confused. So today we went to a Notice of Allocation to the small Claims Track (hearing). When we arrived, a letter had been sent out on Saturday which is called a 'General Form of Judgement or Order'....because of the late posting, I didn't recieve this. The court were very helpful. They told me to go downstairs and ask them. The hearing today was adjourned due to lack of judicial court time. I didn't realise I had to hand in a statment. They very kindly photocopied what I need to do:

start with the name of the case and the claim number
state the full name and address of the witness
set out the witness's evidence clearly in numbered paragraphs on numbered pages;
end with this paragraph 'I belive that the facts states in this witness statement are true '(or words to that effect); and
be signed by the witness and dated

I now have until 11th October to send my witness statement to the court and DPS
I've just started my 2nd year. Studying Business Managment....this year has been very stressful as it is..and with this hanging over my head.

Thank you again for your reply.

Redx

in that case post the name of the PPC and post your defence that was submitted months ago

as for your statement above, its a mish mash of defence and WS

a defence says THE DEFENDANT etc , not ME , MYSELF or I

a WS says I etc , not DEFENDANT etc , its your story and includes exhibits as evidence, which are numbered

the statement of truth should say WITNESS STATEMENT , nor defence

your defence is already on file

its your WS + Exhibits + costs schedule that should have been submitted a few weeks ago

Bluey1972

Hi Redx,

I guess this is where I'm confused. I've only told the court the dates that I couldn't attend.

The most up to date letter says : Dated 28 September 2019

Before District Judge **** sitting at the County Court of (gives court address)

IT IS ORDERED THAT

The hearing on 1st October 2019 be adjourned due to lack of judicial court time.

Unless by 4pm on 11th October 2019 the defence sends to the court and to the claimant the witness statement and documents as ordered on 30th April 2019 (do not remember or maybe didn't understand the fact I had to supply a witness statment) the defence shall stand struck out without further order and the claiment shall be allowed to enter judement on the claim.

The hearing listed on 1st October 2019 is vacated and shall only be relisted in the event that the parties comply with this order

As this order has been made without a hearing you may apply within 7 days of service of this order for it to be varies or discharged.

Dated 26th Sept

Redx

so you are saying that you have not filed any sort of defence ?

all you filed was the dates you cannot attend , in the defence box ?

doesnt make sense , the DQ stage is where you tell them dates you cannot attend, the defence is filed beforehand

if you have actually filed a defence at the defence stage months ago, please post it below so we can see what it said , the letetr above indicates that you the defendant failed to file a defence , meaning that the judge would aloow the court claim to the claimant

and I asked you to name the parking company , you ignored that request same as you ignored the court order to file your WS + Exhibits

it wont help you if you fail to answer questions and have to be asked more than once


so to be absolutely clear about this , we want you to post a copy of your defence below , plus post the name of the parking company (claimant)

Bluey1972

Hi Redx.

As above. This is all the information I have. As in my first post, it states who it is against and my defence

I've never been in trouble before. My first year of Uni has been just full of stress due to all of this. DQ stage means nothing to me.

I had just moved in. Starting my first year of Uni (was aged 19). I am allowed to park there.

Redx

you should know who the claimant (parking company) is that monitored the parking onsite, was it Devere Parking ?

your first post doesnt seem to be the defence that was entered several months ago

was that defence in post one entered after the court claim arrived ? or not ?

if not , what was the exact defence that was entered ? (perhaps done online in the MCOL defence box ?)

then I assume a DQ came in the post where you nominated your local court and dates you were unavailable ?

then a court order came several months ago in April telling you what to file (WS + Exhibits) and the due date for filing those documents , perhaps that due date was 2 or 3 weeks ago ? (which you failed to do) , so prior to todays hearing ?

so you appear to have turned up today with no defence on file and no WS or Exhibits filed, so you have been told to get them done and filed by 11th october with this court, which you must now do or they will strike out your defence completely and award judgment to the claimant , resulting in a CCJ for you

having reread your posts I am still no wiser than we were at the start , especially because you dont seem to get what we are asking , even though its simple , so answer all of these questions below

1) what defence was filed when the court claim arrived, ie:- post the full script ?

2) did you nominate your local civil court at the DQ stage ?

3) you have failed to submit the WS + Exhibits by the due date on your court order ?

4) you now have to file your WS + Exhibits by 11th october , so by next week ?

if you keep going round in circles we cannot help you , this is a big boys game you are in, as an adult, so you need to answer questions being put to you, tuff luv and all that

no time to beat around the bush here , you appear to have just written a defence and posted it in post #1 , this defence should have been submitted to the CCBC in Northampton several months ago , YET your court order today tells you to file a WITNESS STATEMENT by the 11th of october (not a defence)

by 4pm on 11th October 2019 the defence sends to the court and to the claimant the witness statement and documents as ordered on 30th April 2019

a DEFENCE is NOT a WS

Bluey1972

The person who gave me the tickets (all within 24hours) was Devere Parking Ltd

My first post is to see if I shoudl send that to the court and the claiment

I have not entered any defence (I do have all of the defence fro Devere Parking Ltd) They have me parked in the wrong car park for second ticket (their drawing) Their photos of their signs are either before I moved in or months after.

I'm going to say I did arrive today without a WS beause I didn't realise I needed to do.

Today, the court was applogetic with regards to sending out a letter on saturday (28th). I now have 10 days to enter a statment (which they have given me an example) Very basic.

I'm sorry if I'm being 'sketchy' but I'm really unsure myself. A lot of the early paperwork went to my old address (I had been here two weeks) I had just started my first year at uni...along with living away from home for the first time. I also honestly just figured that as i have a permit, I can park at my home!

I really appreciate your help. Sorry if I come across arrogant, I'm just really scared and worried.

Bluey1972

*been here 5 to 6 weeks

Redx

so no defence was filed when the claim was issued early this year, so too late to file one now, so your defence in your first post above is possibly what should have been filed some 7 months ago when the court claim form from the CCBC in Northampton was received

the court have told you to file your WS and Exhibits before 4pm on the 11th october, so that is what you must do

a WS looks like this one in post #25 of this thread https://forums.moneysavingexpert.com/discussion/5974382/help-with-claim-form&page=2 , where it is clearly headed as WITNESS STATEMENT and has a statement of truth by the WITNESS (not defence statement) at the bottom , this is what you were told to do today at court

set out your own WS so it looks like that one with the exhibits numbered and referenced accordingly


to reiterate, what you posted at the beginning is not a WS, its something like what you should have filed several months ago, so you have no defence on record