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CPMS - LETTER OF CLAIM RECEIVED UPDATE 2021 - FINAL WITNESS STATEMENT HELP

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Comments

  • greengeko
    greengeko Posts: 34 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thanks @KeithP
    Looks like the Notice of Allocation from Manchester CC is out of date as it clearly states what I have put to be the statement of truth!
    Will update as per CPR Part 22 like you said.

  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 March 2021 at 10:14AM
    If/when you have the scammer's WS. please post it here for the regulars to look over. Hopefully you will get theirs and can then comment on it before you need to submit yours, but don't be surprised if it doesn't arrive until about five minutes before the filing deadline.
    Only redact YOUR personal data, and tell us if the scammers have redacted anything.
    It may be horrendously long, so upload it to Dropbox or similar and post the link here. Make sure the account is not in your real name, and doesn't contain any personal images. Believe me, it has happened.


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  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
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    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 161,722 Forumite
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    Yes, I'd noticed before that HMCS' standard letters still tell people to use the old statement of truth.  Never mind, we tell people to get it right.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • greengeko
    greengeko Posts: 34 Forumite
    Second Anniversary 10 Posts Name Dropper
    Thanks all for your input - will upload the the Claimants documents if I receive them in time (I have to get everything across by the 9th April and I highly suspect they will delay as long as possible). It also seems they have still yet to pay the £25 trial fee.

    Out of interest is the Judge that is named on the Notice of Allocation going to be the Judge that hears the case? The judge that is named is a family and matrimonial law solicitor so I'm a tad nervous that the case will go the same way as it did in the stickies example witness statement!
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    greengeko said:
    Out of interest is the Judge that is named on the Notice of Allocation going to be the Judge that hears the case? The judge that is named is a family and matrimonial law solicitor so I'm a tad nervous that the case will go the same way as it did in the stickies example witness statement!
    It may be, or it may not.

    When the papers arrive at the local Court, the first available Judge deals with the Notice of Allocation.

    Months later, when a Trial Date is set, the case will be assigned to one of the Judges scheduled to be sitting on that date, so more likely than not that a different Judge will hear the case.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Redx
    Redx Posts: 38,084 Forumite
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    Cpms lost this one , Judge Iyer on the case , I strongly suggest that you read it , especially the judgment !!
  • greengeko
    greengeko Posts: 34 Forumite
    Second Anniversary 10 Posts Name Dropper
    Hi all,

    I have received BW Legals witness statement (currently digesting it myself).

    For some reason I can't attach the PDF to this post (?file format not allowed?) but please see the below google drive link

    https://drive.google.com/file/d/1_ym_TPU7uaeesGkIHlF3UGBvLWJixd8J/view?usp=sharing

    I have until the 9th (Friday) to get my WS sent over to the court and BW Legal.

    Would really appreciate any input!

    Will update with my points as I come to them.

    @Redx - is there supposed to be a link judgement on your post?


  • greengeko
    greengeko Posts: 34 Forumite
    Second Anniversary 10 Posts Name Dropper
    One point I have so far about valid of contracts etc. is that the free holder of the land (I have just check the land registry) is not 'complete property management solutions' as stated on the agreement to manage the car park (page 24) but is 'FREEHOLD MANAGERS (NOMINEES) LIMITED'

    Does this invalidate the agreement or at least require further proof that complete property management solutions have been authorised to make this agreement?
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