Witness statement served.......nothing received from Claimant

gbbe

I had to start a new thread as my old one was closed....

Here is a link to my previous thread:

https://forums.moneysavingexpert.com/discussion/6094869/claim-submission-form-received-acknowledgement-filed-now-to-prepare-the-defence

I filed all my paperwork (witness statement, supplemental witness statement and exhibits) with the court in person and by email on 7/4. I also posted the claimants bundle on the same day and retained proof of postage.

No claimants bundle arried for me by the deadline of 4pm on 14th as stated on the CO and still hasnt to this date.

Its annoying that MCOL is not updating because then i could at least see if the claimant sent a W/S to the court.

The hearing itself isnt until july but its frustrating that i complied with the CO while they clearly do not care about court process, they havent even paid the hearing fee at this point, hopefully this will be taken into consideration and the hearing will be struck out!

Do i just sit tight and wait until MCOL is updated to see if the claimant sent a W/S to the court?

Redx

It's nothing to do with mcol as they are not a court and it's nothing to do with the current situation either

They passed the case to your local court months ago at which point they had no further involvement so you are wasting your time looking on there for anything by yourself or the claimant

I suggest you check the latest court advice by coupon mad and bargepole posted today

Ralph-y

NEW ADVICE
Anticipate a Telephone Hearing and email the local court, save your ink:

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here#latest

Ralph

D_P_Dance

A telephone hearing may well be age and BEM discriminatory.  Do some reading.

https://www.gov.uk/government/organisations/commission-for-racial-equality

gbbe

Redx said:

It's nothing to do with mcol as they are not a court and it's nothing to do with the current situation either

really? I thought everything was logged on the MCOL system.

Thats annoying, now i wont know if the claimant complied with the order and send the statement to the court.

Ralph-y said:

NEW ADVICE
Anticipate a Telephone Hearing and email the local court, save your ink

already served it as per my CO, my hearing isnt set to go ahead until july so should i be expecting this to happen sooner now?

All very frustrating and disappointing as i spent so long compiling a witness statement and made sure it arrived at court ahead of the time and the claimant who has all the details of any possible evidence i will rely on and they have served me nothing.

Surely if it does go to a telephone hearing the claimant will be unable to rely on any evidence from their witness statement as i have never seen a copy of it?

KeithP

gbbe said:

Surely if it does go to a telephone hearing the claimant will be unable to rely on any evidence from their witness statement as i have never seen a copy of it?

Why not read that thread that Ralph-y directed you towards?
You will then understand that you and the Claimant are required to agree on the total package of documentation that is put in front of a judge.

gbbe

KeithP said:

gbbe said:

Surely if it does go to a telephone hearing the claimant will be unable to rely on any evidence from their witness statement as i have never seen a copy of it?

Why not read that thread that Ralph-y directed you towards?
You will then understand that you and the Claimant are required to agree on the total package of documentation that is put in front of a judge.

I have read the thread. I have NOT received notification of a telephone hearing.

My Court instructions stated i had to serve the claimant and the court a witness statement by 4pm on 14th April. So i did as ordered. The Claimant hasnt.

My question stands, IF i get notiification of a telephone hearing, how can the claimant rely on any evidence at all when they have not complied with directions from the court to serve me a witness statement? I am not going to agree to the claimant putting their witness statement to the judge when ive not even seen it!!

Umkomaas

My question stands, IF i get notiification of a telephone hearing, how can the claimant rely on any evidence at all when they have not complied with directions from the court to serve me a witness statement?

Their WS may be served slightly late - unusual circumstances and all that?  But you're asking a parking forum a question to which only a Judge is likely to be able to give you an answer.

I am not going to agree to the claimant putting their witness statement to the judge when ive not even seen it!!

The new Orders seem to require the D and C to submit an agreed, single bundle, that will need to include both WSs. 

gbbe

Umkomaas said:

My question stands, IF i get notiification of a telephone hearing, how can the claimant rely on any evidence at all when they have not complied with directions from the court to serve me a witness statement?

Their WS may be served slightly late - unusual circumstances and all that?  But you're asking a parking forum a question to which only a Judge is likely to be able to give you an answer.

good point, suppose all i can do is wait and see what happens

nosferatu1001

Have you told the court you've not been served? It would be an obvious step to take. 

gbbe

nosferatu1001 said:

Have you told the court you've not been served? It would be an obvious step to take. 

absolutely, im currently drafting an email to the court and will send it to their enquiries email