Stupidly ignored parking charge notice- hearing today update

Coupon-mad

I've no idea why you didn't add the most important thing: it is denied that the Defendant was driving.

Cbay27

OK so now at witness statement stage which I am working on. Also relying on photos from didgeridooo as I only have a few images from google maps from 2019 which don't show the signs clear enough to see whats written on them.

Couple of questions- my phone bill which is part of my evidence is in my maiden name, should I include my marriage certificate to prove it is mine?

Should I have received the claimants defence or should it be on money claim? I have logged on to this and cannot see it anywhere?

Also from reading threads it seems that I should see their witness statement at some point am I correct and if so when is this likely to happen?

TIA

Umkomaas

Cbay27 said:

OK so now at witness statement stage which I am working on. Also relying on photos from didgeridooo as I only have a few images from google maps from 2019 which don't show the signs clear enough to see whats written on them.

1. Couple of questions- my phone bill which is part of my evidence is in my maiden name, should I include my marriage certificate to prove it is mine?

2. Should I have received the claimants defence or should it be on money claim? I have logged on to this and cannot see it anywhere?

3. Also from reading threads it seems that I should see their witness statement at some point am I correct and if so when is this likely to happen?

TIA

1. Is it a telephone, video or face-to-face hearing?  If the latter two, just have it with you. 

2. You won't see it on MCOL. The claimant doesn't produce a defence, they produce a claim. The defendant (you) produces a defence after receiving the claim (which I presume you've done already?).

3. The claimant will have the same deadline as you for completing, filing and serving their WS. If you get it a couple of days earlier you will be lucky. More often than not they just take it to the wire. 

Redx

Unless you have counter claimed , the claimant never submits a defence , a claimant submits a claim , a defendant submits a defence , the clues are in the words used

MCOL is just a government office with tick boxes , no information is logged on there apart from the claim history

Once MCOL pass it on to your nominated local court , they have no further involvement , just your local court , who get sent the claim and Defence and write to both parties

The court order from your local court tells both parties what the deadlines are for submitting the witness statements and exhibits by both parties , plus the hearing date too , the typical deadline is 2 weeks prior to the hearing date

Both parties submit their bundles to each other plus to the court as well , so the claimant and defendant make up their bundles , with one sent to the other party and copying in the court , but sometimes the court orders the claimant to agree on one set of documents and exhibits that both parties rely on

Cbay27

Thank you

It is a telephone hearing, so I guess I will attach it to be sure

When they have filed their witness statement will it be visible on MCOL? 

Umkomaas

Cbay27 said:

Thank you

It is a telephone hearing, so I guess I will attach it to be sure

When they have filed their witness statement will it be visible on MCOL? 

I'm not sure about releasing such a personal document to the private parking sector. They are pretty lax at times with personal data. 

How much reliance are you placing on the telephone calls record?

Redx

Cbay27 said:

Thank you

It is a telephone hearing, so I guess I will attach it to be sure

When they have filed their witness statement will it be visible on MCOL? 

No , MCOL was a dead duck ever since they posted it on to your nominated court several months ago , MCOL filed it on the finished pile to go to their dungeon archives section , never to see the light of day again 😁😁😁

Cbay27

Thank you I understand now.

Umkomaas its the only evidence I have that I intended to pay 

I am struggling a little with writing this to be honest, who said this is the easy stage??!! I am using the witness statement in the newbies thread for guidance but unsure if I should be using all of it.

Also if I don't get relevant photos from didgeridooo I will only have screen shots of signage from google maps so will have limited evidence that the signs were not comparable to beavis

Redx

So you put the claimant to strict proof of having landowner authority , pictures and locations of the signage at the time etc

It's for the claimant to prove their case beyond all reasonable doubt , or fail

The onus of that proof is on them , not you

Nobody said that either stage is easy , it's litigation , so complex even for those with legal training

Logging into MCOL is pointless , nothing else is logged on there , nothing to see

Read your local court order again , the deadline paragraph may be on the back

Cbay27

Thank you again, the deadline is 7th september, and I believe the claimant has til 26th august to pay the fee for it to go through to court