Discontinuance - All claims discontinued - Thank you for your help

D_P_Dance

In matters such as this it is vital to follow court procedures  A moment of forgetfulness could result in a judgement by default.  

Linda992

nosferatu1001 said:

Yes it did. Its on the court hearing letter, sometimes on the back, stating you must exchange all documents - this would be the WS AND your other evidence - by a deadline, OFTEN but NOT always 14 days befor ethe hearing date. 
Yes
Of course you file a WS. Youve been told this already!
There is no way around it. you must file one. Must. No ifs or buts.

Thank you. I just found it's on another paper. I will do so right now.

Linda992

Redx said:

Read that court order again , front and back , the one from your local court , not the CCBC

If the people here tell you that your court paperwork tells you something , assume it's true and you have not read it properly

As you say , you are a witness , witness number one ,  you also have Exhibits , including your costs schedule , all which must be filed with the court and claimant , usually 2 weeks before the hearing , or longer

You haven't read the bargepole timeline he posted several years ago on here , linked in the Newbies FAQ sticky thread that tells you what happens and when , this is the MCOL procedures , nothing to do with parking , could be a builder dispute

Just assume that coupon mad is right and you are wrong , then work from there , it's easier for all that way

Thank you. Yes I found it in the end... Will work on WS and Evidence right now. 

Linda992

Coupon-mad said:

But you know the deadlines to exchange WS, because the court letter tells you. 
And you have failed to bother to do it?

Honestly I didn't serve WS & evidence as the only witness is myself.

Like every case...where EVERYONE here dealing with a claim, reads and learns about the importance of WS & evidence stage, and everyone with a UKCPM claim reads about the Jack Chapman signature...

So far, you have served no evidence, nothing at all.  No, the defence doesn't cut it!

You don't just rock up at hearings, having ONLY done a defence...

You have some major reading to catch up on this weekend (I am going to suggest you read, say, 20 UKCPM Jack Chapman threads and learn from  them about what you MUST do) and then you have a WS & evidence to write and put together, which must go to the court with what I suggested above.

See you on Saturday/Sunday back here, with your planned WS & evidence and Summary Costs Assessment and covering letter.

So sorry that I ignored a separate piece of paper that tells me I can file WS&Evidence 14 days before the hearing. I need to start right now and send it out on Monday. Thank you so much for the reminder

nosferatu1001

This is a court process, and thoroughly reading EVERYTHING you get is so crucial its hard to express. 

Linda992

Coupon-mad said:

But you know the deadlines to exchange WS, because the court letter tells you. 
And you have failed to bother to do it?

Honestly I didn't serve WS & evidence as the only witness is myself.

Like every case...where EVERYONE here dealing with a claim, reads and learns about the importance of WS & evidence stage, and everyone with a UKCPM claim reads about the Jack Chapman signature...

So far, you have served no evidence, nothing at all.  No, the defence doesn't cut it!

You don't just rock up at hearings, having ONLY done a defence...

You have some major reading to catch up on this weekend (I am going to suggest you read, say, 20 UKCPM Jack Chapman threads and learn from  them about what you MUST do) and then you have a WS & evidence to write and put together, which must go to the court with what I suggested above.

See you on Saturday/Sunday back here, with your planned WS & evidence and Summary Costs Assessment and covering letter.

Dear advisor, below is my WS draft. And the evidence I have is the pictures of the parking spot that all previous signages from UKCPM have been removed. May I have your thoughts on this? Many thanks. 

I am the Defendant in this matter, of Address& Post code. I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience.

In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

1. On Date 2018, I visited a friend who lived in xxx, and parked my vehicle registration no xxxx in a tunnel near my friend’s flat. The car was parked on the material date on a public road, not on any yellow lines nor causing an obstruction.
2. There’s no distinctive markings or later particulars of claim any information where a reasonable person can identify the controlled parking area as Exhibit A.

3. Upon receipt of a parking charge notice from the Claimant first time on the window shield, I assumed that the ticket issuer has legitimacy of issuing parking charge notices. The parking charge notice was also paid out of goodwill as Exhibit B. However, it has been proved I was wrong.

4. UK Car Park Management are not the lawful occupier of the land. I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no rights to bring action regarding this claim. All signages the claimant stated in previous correspondence do not exist as Exhibit C.

5. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.
6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

I believe that the facts stated in this Witness Statement are true.

nosferatu1001

"The car was parked on the material date on a public road,"
Prove it. 

Le_Kirk

What do you mean by promissory estoppel?  Who promised you what?

Linda992

Le_Kirk said:

What do you mean by promissory estoppel?  Who promised you what?

Sorry. I copy paste it from another WS. Will delete it. ;'(

Linda992

nosferatu1001 said:

"The car was parked on the material date on a public road,"
Prove it. 

It's unclear who owns the right of that area. That's why all UKCPM signages have been removed. 
Do I need to have evidence to write it down? If that's the case, I will need to delete this sentence.