Few Quick Questions - Witness Statement

Amaka123

Hi
I'm preparing my witness statement but have a couple of (hopefully) quick questions that I haven't been able to find answers to. Thanks in advance for any replies.

1. When I send the copies of the witness statement to the Court and to Gladstones (I assume it goes to Gladstones and not UKCPM) - should I send them via recorded delivery?

2. In the Witness Statement whenever I mention any cases/case numbers (e.g. Ladak v DRC Locums) do I need to provide the whole case transcripts as one of my Exhibits? Or can I just quote from them and no need to provide the whole case?

3. I assume I will receive the Claimants Witness Statement as close to the deadline as possible. So I can't hold on to mine to see what they have written first?

MonkeyRum

From my limited experience:

1. If it is recorded delivery the parking company can refuse to sign and there will be a record that they did not receive it. It is better to post it using normal delivery from a post office and ask for the free proof of postage receipt. Keep hold of it. First and Second class post are legally assumed to have been delivered within their respectice timescales and it would be for the parking company to prove otherwise.

2. If you can include the transcripts then you should. At the very least you should include the judgements and be knowledgeable about the important aspects of each case.

3. Prepare yours and post it as late as you can assuming that they will do the same. However, be prepared to set some time aside near the postage deadline in case you do receive theirs so you can add rebuttals to the points they raise.

Redx

Amaka123 wrote: »

Hi
I'm preparing my witness statement but have a couple of (hopefully) quick questions that I haven't been able to find answers to. Thanks in advance for any replies.

1. When I send the copies of the witness statement to the Court and to Gladstones (I assume it goes to Gladstones and not UKCPM) - should I send them via recorded delivery?

3. I assume I will receive the Claimants Witness Statement as close to the deadline as possible. So I can't hold on to mine to see what they have written first?

1) ideally you drop in the following as a bundle to your local court and obtain a receipt (more than just a WS) , usually in a ringbinder

your bundle includes your WS + EXHIBITS + COSTS SCHEDULE (3 items)

if posting , obtain a free certificate of posting from the P.O.Counter , no matter who its going to , court claimant , whoever , its deemed delivered 2 days later

ps:- no such thing as recorded delivery anymore , its called SIGNED FOR

3) Its a strategy , yes , but do not miss the court order deadlines

Le_Kirk

If this is to do with your other thread, you should ask any questions on there. Send a PM to a board guide and ask either Crabman, Savvy or Soolin to merge.
1. Send the copies to the address for serving documents that you will find on the claim form that came from Northampton CCBC. Do not use recorded or signed for because if they refuse delivery, they will have proof on non-delivery - not what you want - so just First Class from a post office counter with a Free Certificate of Posting.
2. I believe you only print sections pertaining to your case. Other posters may advise better.
3. It is a game of cat and mouse waiting for the other side's WS but do NOT miss your deadline.

Redx

but not the CCBC

a WS bundle goes to the nominated (usually your local) court, not the CCBC

otherwise totally correct

Amaka123

Thanks all.
Where do I get case transcripts/ judgements from please?

KeithP

So we now have three threads on this saga. Why is that?

benr1804

I've been working on mine today too with help from the forum.

1. I've sent all my correspondance via first class post so far. (I received the WS from Excel via First Class Post too)

2. I opted for a Skeleton argument so omitted the legal cases and stuck to my own statement of truth only, so can't answer this, but I will using some cut down quotes in my SA

3. I've just come back off holiday to find the Claimants WS and evidence pack. The WS is due this friday so i've had a couple of days to digest and add my rebuttals.

Regarding the cost schedule @RedX says that you must include this as part of the WS pack? I did not do this, as I was under the impression I could send this separately a few days before the hearing to the court, as instructed here: https://forums.moneysavingexpert.com/discussion/comment/72244727#Comment_72244727 in point 8

good luck!

KeithP

benr1804, you are right, a cost schedule can be submitted three days before the hearing. But we saw a case very recently where the Defendant won the case and applied for 'unreasonable behaviour costs' which were refused just because the Claimant objected to not having enough notice of the costs schedule.

Yes, ordinary costs were awarded but nothing more.

So the current guidance is to file and serve a cost schedule earlier, and with the Witness Statement might be a convenient time.

Redx

As above , the advice is constantly evolving

The OP should stick to one thread only