DCB legal for VCS. Witness statement due 9th April. Urgent help appreciated

Le_Kirk

You need to flesh out your Witness Statement a bit more, why not use some of the facts from your first post?

Viera90210

Le_Kirk said:

You need to flesh out your Witness Statement a bit more, why not use some of the facts from your first post?

Do you mean the first post on this thread?
Ok will throw some more in.
Was thinking less is more
Is it ok to email a defence to DCB? Do I need to send it to DCB and VCS?

Le_Kirk

Yes, the first post on this thread had some detail in it.  Less is more but you have to make it clear to the judge and if that means more so be it.  Your defence will have been sent to the claimant by the CCBC at Northampton, which is why you have a court date and you are required to submit a witness statement.  You (file) send/take this WS to the court (hopefully by hand) and you (serve) a copy on the claimant by e-mail if they permit it or by post (get a free certificate of posting) if not.  The address for serving documents will be on the original court claim form.  If they have ever served anything on you by e-mail then it is fine to reciprocate.

nosferatu1001

Viera90210 said:

Le_Kirk said:

You need to flesh out your Witness Statement a bit more, why not use some of the facts from your first post?

Do you mean the first post on this thread?
Ok will throw some more in.
Was thinking less is more
Is it ok to email a defence to DCB? Do I need to send it to DCB and VCS?

Have you read the newbies thread yet? EVERY quesiton on *process* is answered there. Your court hearing letter also instructs you to send a copy to all parties, and of course if a solicitiro represents someone you send it to the solicitor only
You are not sending A DEFENCE! Youre past that point now! You are sending your WITNESS STATEMENT - which is NOT a defence, and is nothing remotely LIKE a defence - to the court, and to the claimant. This WS is part of a BUNDLE of documents, which includes *all* additional evidence you will rely upon, such as photos, exceprts from leases, case law etc. Everything. 
Less is only more when the "less" has the relevant detail still in it. 
You have, by stating your "fact", crippled yourself. You failed to research what the court process is before submitting it, and you are now in the positoin that
- you can only rely on your defence as submitted
- your defence as submitted isnt evena  defence, and should have been struck by the courts and the claim awarded against you, if they were doing their job properly
- if you want to amend your defence, so its now actually a real defence, you have to pay £255 to ask the court for permission. Which isnt going to happen and is a waste of money
- so you have to rescue this by writing the absolute best WS you possibly can
- Luckily the PPCs dont hire very good lawyers, as a half decently instructed one would basically object to almost anyhting you state in a WS, as it will be advancing argumetns not present in your defence - because your defence contained no legal arguments

So, appreciate the shoddy position you are in, and take this step very, very seriously. You cannot "throw some more in" because you are on the verge of losing this and, if i were the Cs rep, Id try for costs as well. 

Viera90210

nosferatu1001 said:

Viera90210 said:

Le_Kirk said:

You need to flesh out your Witness Statement a bit more, why not use some of the facts from your first post?

Do you mean the first post on this thread?
Ok will throw some more in.
Was thinking less is more
Is it ok to email a defence to DCB? Do I need to send it to DCB and VCS?

if i were the Cs rep, Id try for costs as well. 

When you say you would go for costs as well - is that a legitimate approach they could take?

If my position is now so weak and I stand to loose more than what is claimed then surely I should just pay the money?

Time is also not on my side for constructing a world beater ws

Le_Kirk

Your world beating WS should focus on the fact that you are not the RK, never have been and you were not the driver on the day.  A witness statement (WS) is "in support of my defence as already filed" no matter how poor the defence is/was.  The WS is a narrative, it tells the story of what happened on the day and subsequently.  Since you are not the RK and were not the driver (although you could have been a passenger) how do you know what happened on the day, although, of course you do know what happened subsequently.  You need to explain, with a time line, how you came to be in receipt of a court claim.  You need to hammer in the fact that the claimant is chasing the wrong person and you have already explained this to the claimant (only say this if it is true) but they have still chosen to pursue you via litigation in the courts, thus wasting the court's time.  You sign your WS with a statement of truth so only say what is true

Viera90210

The witness statement from DCB legal includes a "site boundary plans and site instructions" page which states a "contract period between 2013 and 2014 - my ticket was in 2016.
Does this not render all the details re signage and the site plan null and void?

Fruitcake

Viera90210 said:

The witness statement from DCB legal includes a "site boundary plans and site instructions" page which states a "contract period between 2013 and 2014 - my ticket was in 2016.
Does this not render all the details re signage and the site plan null and void?

Nothing makes it null and void unless you tell the judge and she/he agrees.
This needs to go in your witness statement, along with all the other points the regulars have told you.

Stop posting until you have written your WS using all the help you have received so far, then post it for checking.

Viera90210

Here is a further attempt at a witness statement:

1. I am , of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2.The Claimant has failed to issue a Letter Before Action, or provided any details of the claim prior to issuing a claim at court. 

3. I am not the registered keeper of the vehicle reg XXXXX  and nor was I the driver on the date in question. The claimant has offered nothing in the way of evidence as to the identity of the driver. 

4. The vehicle reg XXXXX has multiple users within several households.

5.I am a litigant in person and untrained in court matters. I trust the court will allow me some leeway if I have erred in procedure.

6. The signs that have been shown in the witness statement JB3 from DCB legal contain very small print and could not be readily read as shown in the photographs they have provided.

7. Exhibit JB4 provided by DCB legal shows a contract between VCS parking and the landowner the Welbeck Estate company which runs from 16/09/13 to 15/09/14. This does not cover the period in which the PCN was issued and therefore renders the PCN and this claim null and void.

8. When I received a letter from Northampton county court business centre in reference to this claim I responded expediently and within the timescale they had set out. After more than 2 months had passed I contacted Northampton County court business centre and was told the claimant had missed their deadline for responding and therefore the case had been stayed. I do not therefore believe to this claim to be valid.

9.I would like the court to note that I have offered to enter into mediation in order to resolve this matter without wasting the court’s time but this offer was declined by the claimant.

10. On the basis of the above points I consider this claim to be false and would invite the court to strike out the claim of its own initiative, using its case management powers pursuant to Civil Procedure Rules 3.4.

Statement of Truth

I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signature

Date

Any feedback would be great

Coupon-mad

It's too weak. 

Sorry to say, your defence was hopeless (and was no defence AT ALL and I am surprised you didn't lose by default and the case awarded in favour of the Claimant with no hearing).  So cross your fingers the Judge lets you get away with a decent WS & evidence.  The defence was a bad job; don't make it worse by rushing this important stage.

Read the threads by @keypulse and @Littlewadie to see the sort of thing to use and also include a contents page (every page numbered) and your Costs Summary Assessment. 

Also read the thread on page one or two right now, by the person with a short username starting with 'g' who was asked every single question under the sun about WS stage and we've tirelessly answered...please let's not have to repeat that again. 

Read all three threads I've pointed you to - and no asking for links.