Court Claim received, need a little reassurance that I'm in the right direction

nosferatu1001

If you dont have a hearnig date, youre not asking for an adjournment. You cannot adjourn something which isnt fixed yet...

Coupon-mad

The TELEPHONE HEARINGS thread explains all this, and the wording to use, mentions not paying for adjournment.

robertcox999

Coupon-mad said:

The TELEPHONE HEARINGS thread explains all this, and the wording to use, mentions not paying for adjournment.

Ok, thanks. Found it, on page 3 right? I haven't completed my WS yet. Would I have to do this first or should I just edit out the parts mentioning WS?

As an update, HX still haven't got back to me after multiple attempts so I rang the court who said I should just write or email my preferences for hearing.


Thanks

Coupon-mad

I thought the better version was later in the thread.  You did read it ALL, yes?

robertcox999

An update and my witness statement to look over if anyone has a spare few minutes...

Got a telephone hearing date for 13th October. Gallstones have already submitted their WS and evidence, I got it in the post today, which I find is strangely early. It is full of incorrect information such as signage that is not there (and is much better, such as including the 160 charge and including other payment methods) and they mention this in the writing too. Trying their best to be as underhanded as possible.

They do a lot of similar things as another thread https://forums.moneysavingexpert.com/discussion/comment/77507254/#Comment_77507254
such as redacting the client name and signature on the landowner contract, and altering the statement of truth to say 'the claimant' rather than 'I'. As well as referencing Britannia v matthew semark-jullien (britannia appeal).


Would it be worth me taking some photos of it to share here, redacting my info?


I wanted to ask, I am unsure what I should be appending as evidence here.. do I include the entirety of all the cases that I reference in the WS? I don't know how this works..

So far, I will append the three Beavis paragraphs, the Beavis sign, my sign and car park photos and video, the Britannia v Crosby case, Schedule 2 of CRA, and my costs schedule. Anything else needed?


Thanks everyone for your help.

bargepole

robertcox999 said:

So far, I will append the three Beavis paragraphs, the Beavis sign, my sign and car park photos and video, the Britannia v Crosby case, Schedule 2 of CRA, and my costs schedule. Anything else needed?

The CRA is primary legislation, and should not be appended as 'evidence' to a WS.

The Judge has access to all statutes, both in a book and online, and all you need to do is cite the relevant section(s).

Coupon-mad

Super witness statement - my only question is, how will supply your video 'by durable medium' to the court and claimant (not a link)?

I am going to link the above post and attachments by @robertcox999 to the NEWBIES thread as an example of how to write a WS and costs assessment.  This one has all the things needed and also shows how to draw the Judge's attention to shenanigans in the Claimant's WS and evidence.

henrik777

Your witness statement should say WHEN you took photos etc

Also i would check with the court that they will have facilities to play video, and if so, acceptable formats. (I have carted a 32 inch telly to a speeding trial)

Coupon-mad

You should embed the time stamp into each evidence photo; Henrik is quite right.

1505grandad

A heads up:-

"6. After finding a suitable place to park, I endeavoured to fully understand the terms and conditions signage around the car park as I was highly aware of how purposely deceiving private parking terms can be."

However - and I am not sure if it matters -  in your D you mention staying in car for telephone call:-

"17. After finding a parking place, the Defendant initially stayed inside their car on arrival to the 

Claimant’s car park to answer a phone call. The car was not vacated at this stage."

Just a couple more observations which are even more pedantic:-

Para 16  -  "In the recent Court of Appeal case of Hancock v Promontoria (Chesnut) Limited [2020] EWCA Civ 907 the Court of Appeal"

it is (Chestnut)  -  contains a "t"

Para 19  -  "19. The Judge at (Sailsbury) correctly identified as an aside................."

(Salisbury)