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Preparation of Defence HX / Gladstones

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Comments

  • As above
    Check to make sure YOU have not missed anything. Tell us your deadline.
    Yes of course its worth having their WS on here. Do not redact anything unless it IDs YOU and YOUR CASE, nothing eelse. Especially the contract, it MUST be unredacted by the claimant. Theyre not permitted to redact unilaterally
    Do I remove the witness name of the claimant?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above
    Check to make sure YOU have not missed anything. Tell us your deadline.
    Yes of course its worth having their WS on here. Do not redact anything unless it IDs YOU and YOUR CASE, nothing eelse. Especially the contract, it MUST be unredacted by the claimant. Theyre not permitted to redact unilaterally
    Do I remove the witness name of the claimant?
    No.

    Was @nosferatu1001 not clear when he said:
    Do not redact anything unless it IDs YOU and YOUR CASE, nothing else.


  • blancswann
    blancswann Posts: 54 Forumite
    10 Posts First Anniversary Name Dropper
    edited 19 August 2020 at 3:32PM
    Ok, I've attached their WS & evidence - Just to be clear I have removed all of the defendants names and case references along with vehicle photographs and VRM as these could be used to identify the defendant.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 19 August 2020 at 3:19PM
    #1 They've redacted the client name and address making the contract worthless. They're also not allowed to redact such information as it is core to their claim and is not commercially sensitive.
    #2 They've redacted the names and signatures of the signatories ... as above, plus it means there's no way of telling if the signatories were even authorised to sign the contract.
    I'm sure there'll be more, but that's what immediately jumps out at me. (Note: I'm assuming they did that, not you. If you did that then please remove said redaction so we can see the original).

    PS - you've not redacted the ticket number (page 15) ... whether this matters is debatable as they already know your details and we can't determine anything like that from their PCN reference. It does mean they can associate this forum thread with your specific case though. (And the PPCs often read this forum).
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yep, as above. 
    Their evidnce of landowner authority is bunk. It doesnt exist. You shoudl be reading EVERY thread yo ucan find where contracts are dissected, because this is key for you - if they cant prove they have authority to ticket, and authority to enforce in court, theyre out of luck. 
  • DoaM said:
    #1 They've redacted the client name and address making the contract worthless. They're also not allowed to redact such information as it is core to their claim and is not commercially sensitive.
    #2 They've redacted the names and signatures of the signatories ... as above, plus it means there's no way of telling if the signatories were even authorised to sign the contract.
    I'm sure there'll be more, but that's what immediately jumps out at me. (Note: I'm assuming they did that, not you. If you did that then please remove said redaction so we can see the original).

    PS - you've not redacted the ticket number (page 15) ... whether this matters is debatable as they already know your details and we can't determine anything like that from their PCN reference. It does mean they can associate this forum thread with your specific case though. (And the PPCs often read this forum).
    Re#1&2: They have redacted this information from the contract.
    Thanks for the heads up on Page 15, I have now removed this and re-saved to post. I'm pretty sure they'll be able to work out which case it is by looking at the part VRM.
    Can you add to a WS or change it after you've submitted it?
  • Yep, as above. 
    Their evidnce of landowner authority is bunk. It doesnt exist. You shoudl be reading EVERY thread yo ucan find where contracts are dissected, because this is key for you - if they cant prove they have authority to ticket, and authority to enforce in court, theyre out of luck. 
    Ok thanks, I will! Is the Judge likely to look at that and throw this case out before it makes it to court?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Not much chance of that. Sorry. Doesnt work that way. 
    We know they redacted it. the point is they are not allowed to do so. There is no commercial confidentiality reasno to redact it, by redacting signatures you cannot check if eg the name is someone who was actually a director
    Have you found thiose threads? I wasnt kidding. It is key that you read and understand what is and isnt a valid contract. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    You can submit supplementary witness statements plus exhibits to both the court and claimant
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Yep, as above. 
    Their evidnce of landowner authority is bunk. It doesnt exist. You shoudl be reading EVERY thread yo ucan find where contracts are dissected, because this is key for you - if they cant prove they have authority to ticket, and authority to enforce in court, theyre out of luck. 
    Ok thanks, I will! Is the Judge likely to look at that and throw this case out before it makes it to court?
    Only a judge can answer that

    Please be realistic with your questions
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