Fluttering parking ticket

Le_Kirk

A witness statement can be written in the first person, so, where you have written "the defendant" you can change that to "I".  You should give your evidence reference numbers such as Janet_001, you could therefore change to this: -

Along with this statement is a bundle of documents to marked Janet_001 to Janet_012 to which I will refer. This witness statement is prepared for the hearing at XXXX County Court, on XXXXX April 17th 2020 in support of my own defence as already filed, against the claimant.

Did you use Promissory Estoppel in your defence?  Is it correct?  It is normally used when someone, e.g. an agent of the parking company states "it is OK to park there" and then you received a PCN.  If it is not true you should remove it.
All paragraphs should be numbered, even your introduction and background.

Janetx

Thanks for your reply Le_Kirk, I will take out the estoppel para. Still need to number the exhibits, was just trying to get the content of the WS loaded as we have been so last minute getting it together. I will update the numbers to include intro and background also. Thank you again for your comments.

1505grandad

An observation  -  the full name of the claimant in the Court docs is, I believe:-

Excel Parking Services Ltd

Janetx

Thank you all for your help we are filling the Witness statement tomorrow possibly by email.... unfortunately I couldn't find    @Lego-9 in their threads

Janetx

but I managed to find @keypulse which was really helpful. Thank you all

Umkomaas

Janetx said:

Thank you all for your help we are filling the Witness statement tomorrow possibly by email.... unfortunately I couldn't find    @Lego-9 in their threads

Just click on the @Lego-9 hyperlink which will take you to their profile page, scroll down and look at the left-hand side of it and click on either 'Threads' or 'Replies' to find threads/posts that Lego-9 has made on the forum. 

Janetx

Apologies to Coupon-mad...I may have sent posted the Witness statement to you only and not on here....   my daughter had to post the witness statement in the end today.....because I was having trouble doing it.....some senior moments I think! I would just like to say thank you to you for  your very helpful suggestions I found the keypulse and I found that especially helpful but failed to find @Lego-9 
my daughter received from Excel their 21 page Witness statement along with their exhibits...and it took us a whole morning trying to take it all in also they did write to her and offer to accept 95.00!
We have contacted the court and the case is still going ahead however my daughter is classed as high risk because of her illness.......she has not been well at all. ...and would be unable to attend court anyway because of the virus....however, they have suggested it will be dealt with by a conference call.....

OK, once you've read a shedload of fluttering ticket WS example and cribbed from them, show us.  Like I said, read AMTRAC threads which are all about fluttering tickets.

Also read the threads by the posters below, re a statement about the added £60 abuse of process, and your COSTS ASSESSMENT that also has to go win with your WS:
@keypulse
and 
@Lego-9

Janetx

Hope you are all keeping safe in this strange situation we find ourselves in.
My court case was due to be heard tomorrow via Skype, but I have just received the below from the court.

1 The court having made multiple unsuccessful attempts via email and telephone to obtain contact details for the Claimant for the hearing the hearing listed for 17.4.20 is adjourned to a date to be advised. Unless by 4pm 7 days before the adjourned hearing the Claimant provides the court with contact details to enable the hearing to proceed remotely the claim will be struck out without further order.
2. Any party affected by this order may apply to have it set aside, varied or stayed pursuant to C.P.R. 3.3(5) & (6), and any such application must be made within 7 days of the date of receipt of this order. 

Can anyone advise what I should do next?  Do I just wait to see if the Claimant provides contact details, or should I be applying to have the case set aside, varied or stayed?
 I have no idea of what I should be doing, so any help would be gratefully received. Thanks in advance. 

nosferatu1001

Nothing.  You're not the claimant 
it's really clear that 
- the court is annoyed they can't get hold of the claimant
- the claimant has to provide contact details 
- if they don't with more than 7 days before the new hesring date - which isn't fixed yet - the court will find against the claimant and you win. 

- given this order is completely in your favour, why would you want it altered?! 

KeithP

Janetx said:

Can anyone advise what I should do next?  Do I just wait to see if the Claimant provides contact details, or should I be applying to have the case set aside, varied or stayed?

The only thing that you can have 'set aside, varied or stayed' is that Order itself.
If you do that you would be insisting the case goes ahead via Skype tomorrow.

Wait patiently and see what happens next.