Claim Form received from VCS for stopping at Southend Airport

50_plus

Quick question on procedure.  I  note on the Defence and Counterclaim paper form there is an option for the witness statement to be signed by "your legal representative or litigation friend".   Can anyone be a "litigation friend" or do they have to be formally appointed/apply ?

50_plus

With regard to the above, I rang the court and they said that the defence must be signed by the defendant but a typed name is sufficient

Coupon-mad

We know that already.    Our advice tells Defendants this.  No third party signs.

Your defence will be fine for this stage (I haven;t had time to read it) but it's ready as long as your draft was based on recent VCS Airport ones like the one by @valrossi or @steveaduk

50_plus

Today I received a date for my hearing at court - and have to submit my witness statement and court bundle by the end of this week !  I will post my WS here once drafted but does anyone have any advice in the meantime ?  I haven't declared who was driving the vehicle so am limited to what I can have "witnessed" 

KeithP

50_plus said:

I haven't declared who was driving the vehicle so am limited to what I can have "witnessed" 

Not really.

You have witnessed everything the driver has told you. You may have even been a passenger in the car.

And as mentioned back in February, you will point out how they have failed to use POFA to transfer the driver's liability to the keeper.

As the keeper, you will have subsequently visited the car park and inspected the inadequate signs.

And surely you will be able confirm that the Claimant has no right to service that land. Just guessing on that, but you get the idea.

Not sure there is anything a keeper cannot say just because they weren't driving.

Only a few days notice before your Witness Statement is due - most unusual.
Remember your evidence and of course your Costs Schedule.


Don't miss your filing deadline.

nosferatu1001

Get on with it then. You dont have a choice. 
That is incredibly short as a timeframe - please post the order. Dont hide dates. 

50_plus

You have witnessed everything the driver has told you. You may have even been a passenger in the car.  

Would that not be considered hearsay ? If not, it may be useful because the driver said that the passenger just opened the door and got out of the car whilst they were stopped at the zebra crossing of their own volition, without the driver's permission.  

50_plus

nosferatu1001 said:

That is incredibly short as a timeframe - please post the order. Dont hide dates. 

Can you access the redacted Notice of Allocation appended ?    If so you will see; 
Allocation Dated: Thurs 30th July   
Recieved on:       Tues 4th August 
Court Date:          Mon 24th August
WS & bundle to be submitted 14 days before the hearing.  Presumably this means Mon 10th August so I will have to send them off this Friday to ensure they get there on time

nosferatu1001

No, it does not say submitted 
It says served
That means received so you will need to email  to have any hope of meeting this deadline. Friday by post means delivered Tuesday. 
This is extremely short notice - if you get any grief over late submission point this out. 

50_plus

I may drop it into the court on Friday just to make sure