Court hearing not going under plan (vs Gladstones) - please advise

5upra

Hello all; first of all congratulations to this community and thanks for all the help I got so far by reading this forum.

Here's my long story short:
I've had a ticket I stupidly ignored on July 2017; since then I've been chased by WY Parking Enforcements and then by their representatives Gladstone Solicitors, to pay, I never did and now we're settling the matter in court. 


I have already done my Defence and my WS and the court date was due today (18/2). As I haven't had received any WS from the other party I was feeling pretty confident for the outcome of the case.
In the hearing it was me and a lady representing WY enforcement. The judge asked if we all had received Defences and WS from the other party; I mentioned I haven't received any WS from the claimant to which their representative insisted they had sent. 
The Judge said a WS from the claimant has been submitted in to court although it would be unfair to carry on with the hearing without me examining the claimants WS so she (Judge) handed me her copy and said we will do the hearing at a later date. This turn of events got me off guarded.
 
When I sat down and went over their WS I noticed it's dated on 13/2/2020 that's surely violates the 14 days prior to hearing deadline; so (1) I am not sure how the court was happy with accepting a WS that late and (2) is that something I can use on the next hearing or anything I can do to bring that matter up between now and then ?

PS also noticed their WS is not signed properly but most likely by a digital sign type of thing (not sure if that makes any difference)

5upra

any advice would be much appreciated; this has really ruined my day.
 To me it feels like the judge - on this case -  worked in favor of the claimant , as obviously not the same rules applied to both parties.

On a different note , I am self employed, I cannot just take holidays to attend courts, every time I have to do so I literally lose a day's wage.

Redx

Seems to me that you didn't read your court order properly that gave the claimant and the defendant the time to submit the WS plus exhibits , one of your exhibits should have been your costs schedule and proof of loss of earnings due to what you said above

You can hardly complain about their WS plus Exhibits being served late if you failed to submit your own

You should get yours done and submitted to the court and to the claimant asap , including a costs schedule and all proofs like exhibits etc

However if you did the WS but failed to submit exhibits and the costs schedule , get them in asap , plus complain about theirs being late

5upra

replied with quoting bellow, can a mod delete this one? :) 

5upra

Redx said:

Seems to me that you didn't read your court order properly that gave the claimant and the defendant the time to submit the WS plus exhibits , one of your exhibits should have been your costs schedule and proof of loss of earnings due to what you said above

You can hardly complain about their WS plus Exhibits being served late if you failed to submit your own

You should get yours done and submitted to the court and to the claimant asap , including a costs schedule and all proofs like exhibits etc

However if you did the WS but failed to submit exhibits and the costs schedule , get them in asap , plus complain about theirs being late

I have submitted my WS alongside photographic evidence (exhibits) on 30th of Jan (19 days before the hearing) to both the Court and claimant.
I have never received anything from the claimant though ; the first time I heard about their WS was today in court. 

Redx

Ok , so file an amended but supplementary WS that addresses their WS , plus you don't seem to have submitted a costs schedule despite complaining about loss of earnings above , in your case double up due to unreasonable conduct due to filing their WS late and costing you more money

Ps , there are no mods on mse forums , never have been , read the FAQs

5upra

Thanks Redx .
It's just a bit frustrating as reading in various of forums I can find cases that the case was dismissed due to late submitted WS and I wonder why the Judge didn't rule in my favour on this matter as the claimant only submitted their WS 4 days before hearing and not sending me a copy.