Court claim form - Horizon Parking

Coupon-mad

The NEWBIES thread already tells you this, in bargepole's COURT PROCEDURES link.

I can't understand why we get questions about DQ stage. It is just a straightforward form, and it's already spelt out by bargepole, in a detailed thread he wrote explaining to all newbies what to do with the n180 and which boxes to tick, and who to share everything with from now on.

daniellog

I have now received my Country Court date, it's on the 25th March. What do I need to do at this point?

KeithP

daniellog said:

I have now received my Country Court date, it's on the 25th March. What do I need to do at this point?

Re-read the second post on the NEWBIES thread.

I'm really surprised you found the need to ask that.

Apart from that, you do of course need to follow the Directions given to you on your Notice of Allocation.

nosferatu1001

Erm you got this many months ago I guess? Have you filed and served your witness statement and exhibits, as per ther instructions on your hearing order AND the detailed walk through on the newbies thread? What is your deadline to do this?

daniellog

I got a letter that it was set for the 27th of May, but then I have received another letter saying it's been pushed forward to the 25th of March. I have read the "Notice of Allocation to the Small Claims Track" letter and there is no mention of filing the evidence ('exhibits')?

daniellog

I'll write up my witness statement tonight along with evidence. Do I have to send it to all parties or just the court? Also, can I reference photos of evidence in my witness statement?

daniellog

Here is a draft I have written of the witness statement. I have also dated photos showing the points I have made.

IN THE COUNTY COURT CLAIM No: XXXXX   BETWEEN: HORIZON PARKING LTD (Claimant) -and- XXXXX (Defendant) ________________________________________ WITNESS STATEMENT ________________________________________
1. I am xxx, of xxx, the Defendant in this matter. I will say as follows:

2. Entering Foss Island Retail Park car park there is inadequate notice of any parking charge or restrictive terms. Signs that were by the entrance to the car park are not visible from cars driving in. (See evidence ref A)

3. Signs in the car park have been placed behind foliage and trees. This makes them impossible to see from a parked vehicle and even out of a vehicle. (See evidence ref B )

4. Signs in the car park are not maintained, this combined with them being placed near foliage and trees, has made them dirty and impossible to read up close. (See evidence ref C)

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

6. I invite the Court to dismiss this claim in its entirety and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14. Statement of Truth I believe that the facts stated in this Witness Statement are true.

 Signature
Date

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Castle

You've left your name and address in paragraph 1 of your WS.

daniellog

KeithP said:

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

I've found it in small text on the back of the letter, that's super helpful... It's annoying they suddenly brought it forward while I have been away from home. 
Is my witness statement okay or is there anything else I can add? I wasn't sure I could mention the made-up charges that I listed in my defence.
I have 20 days before the hearing so I will post it off to all parties tomorrow signed for.