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HELP! Can you check my defence for me? (Steps after Claim Form?)

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, of course its important. without entrance signage they cannot meet the requirements of their code of practice. The Supreme court states that a code of practice must be followed - it is effectively binding. 
    As for whether you will succeed - no. Honestly I think that, based on JUST THAT PHOTO, that does not look like bay 161 to me. It looks more like bay 160. Bearing in mind, any judge is *only* going to have whats in front of them to look at, and that picture is not great for you, IN MY OPINION. 
    I would still of course ARGUE that point - its stupid not to do so - and make out the best possible case you can on that point. 
    For example - if you can state it was night when you parked, obviously that changes things in terms of legibility. 
  • benjward
    benjward Posts: 46 Forumite
    Third Anniversary 10 Posts Name Dropper
    Great point. I'm sure it was dusk when I got there. I'll add that in. Thanks.
  • benjward
    benjward Posts: 46 Forumite
    Third Anniversary 10 Posts Name Dropper
    Quick update.

    I received a 'General Form of Judgement or Order' from Luton, with a remote hearing date (5th November) and instructions on how to file a 'bundle' for the judge.

    I also just received a witness statement and a copy of their evidence, from VCL.

    My question:

    The letter from Luton askes me to send them a 'bundle' to them (no earlier than 7 days before the court date). In the letter is says it should include
    a - case summary and chronology
    b - the parties position statements
    c- the previous orders that are relevant to the remote hearing
    d - the application relevant to the remote hearing
    d - all the essential documents that the court requires to determining the issues that fall for determination at the remote hearing 
    e-  a draft order

    I don't really know what all of this means (especially the draft order bit)

    So I plan to make a 'bundle' PDF with the following:

    1. Table of contents
    2. A withness statement (outlining the key points)
    3. My defence (prepared before, and sent already)
    4. The Southhampton County Court case
    5. Photos and other evidence

    Is this correct? 

    Thanks once again for everyone's help.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Did you have an earlier order, instructing you to file and serve as normally woud be expected (see the newbies thread?) 
    If so you must comply with both orders, unless the remote hearing order explicitly overrides the former. You must must must comply with both. No arguments .

    You havent given us the complete order, so we would be guessing at an answer. Either type out the complete order, or takea  photo and upload it. There is no single set process for these remote hearings, shockingly enough, so we cannot fill in any gaps for you
  • benjward
    benjward Posts: 46 Forumite
    Third Anniversary 10 Posts Name Dropper
    Yes, they gave me two orders at the same time:
    Skype hearing:


    ------------------
    Small Claims Track:




  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So I plan to make a 'bundle' PDF with the following:
    1. Table of contents
    2. A withness statement (outlining the key points)
    3. My defence (prepared before, and sent already)
    4. The Southhampton County Court case
    5. Photos and other evidence
    Is this correct? 

    Yes.  There is just one example WS in the NEWBIES thread, because it's a good one, and recent.  Adapt that to suit.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yep, so as I said - the second order does not override the requirement of the first to deliver by the deadline

    Note what it says about secure server. That means you need to be mindful of having a secure location that both sides - court and claimant - can retrieve your bundle from. You have plenty of time to do this, so no panicking. 
  • benjward
    benjward Posts: 46 Forumite
    Third Anniversary 10 Posts Name Dropper
    So does what @nosferatu1001 said, mean that I had to get my witness statement to the court & claimant yesterday?
    In the 'Skype Hearing' letter it says no later than 3 days before and no earlier than 7 days before
    But in the other one, it says '... no later than 12 October'

     
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yes, i already told you this
    You have two orders
    The second does not state it replaces the prior directons
    As such the prior directions are still in force
    I dont know why you would think otherwise.
  • Because I'm not as clever as you are clearly. And it is VERY confusing to me.
    But thank you for the clarification. Very kind of you.
    I will get my witness statement and bundle into them today then.
    Is there anything you recommend I should do given it will be 12hr past the deadline?

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