Sending witness statement by email?

wizzybee

I need to file a witness statement at the court and with the claimant but as the post is not reliable at the moment, can I send both by email, or should I deliver by hand? The court and claimant's office are both nearby.
I only have a black and white printer so if I delivered documents by hand, all the evidence photos would be in b+w, would this matter? 

Le_Kirk

We normally (in pre-lockdown times) recommend hand delivering to the court anyway and, should the claimant permit it, by e-mail to them.  When is your court hearing?  Have you received an e-mail telling you it will be a telephone hearing?  Have you read the Telephone Hearing thread started and maintained by @Coupon-mad?

wizzybee

Hi, thanks for replying so quickly.
The hearing is on the 19th May and is going to be off papers only.
Would it matter if the evidence photos are black and white? They are of parking signs and extracts from various publications.

Fruitcake

You don't want it to be heard on papers only as that will put you at a severe disadvantage. 
You should tell the court you want (at the very least) a telephone hearing so that you can question the scammer's rep and witnesses (if any). This option should have been made to you when you received the email/letter from the court telling you there won't be an oral hearing.

You need to contact the court as a matter of urgency and get this arrange, or preferably an adjournment to a later date for an oral hearing, but the latter may not be permitted.

wizzybee

Ok thanks. I will do some phoning!

Fruitcake

Do have a look at the Telephone Hearing thread first as already advised by Le_Kirk.

Coupon-mad

The hearing is on the 19th May and is going to be off papers only.

WHAT? 

Why the heck have you not objected to that?!!

The Telephone Hearings thread includes an email telling a court that a hearing 'on the papers' is not suitable!

wizzybee

...becasue I have other things going on which are more important and I don't have the time and mental energy to pursue it.
My three main defence points are:
-the claimant has sent a leaseholder witness statement, (not an actual contract with a landowner,) that states the lease started 3 days after the contravention date. They also repeat this information in their witness statement. 
- the car park entrance sign has different T&Cs to the signs in the site. 
- signs at the site name a different company as the operator to the company named in the leaseholder witness statement, and the company taking legal action.

Coupon-mad

If you are confident that you can provide a really solid set of paperwork and evidence to leave a Judge in little doubt as to all of that, then those are very good grounds!  It will all be about your witness statement and evidence - and don't forget the abuse of process point and a copy of the Southampton judgment and the CRA 2015 in support of the fact that the Claimant has exaggerated the claim and it is an abuse of process.

nosferatu1001

DId your WS truly hammer home the date issue, or are you hoping the judge spots it?

wizzybee

nosferatu1001 said:

DId your WS truly hammer home the date issue, or are you hoping the judge spots it?

I pointed it out...