County Court phone hearing adjourned due to court not having my defence or witness statement on file

Umkomaas

You are required to send it to the Northampton CCBC after you have submitted your Acknowledgement of Service (AOS). The CCBC copy it out the the claimant's solicitor. That is the normal procedure. 

dannyboy138

When I had my phone hearing Wednesday he told me then aswell to send it to chelmsford county court. 

Redx

If it's lodged with Chelmsford county court , then send Gladstone's a copy

Sending them a different defence than the one sent to the court could be construed as fraud and a judge won't like it , misleading a court and a judge could be very serious for you , possibly a criminal act

nosferatu1001

dannyboy138 said:

When I had my phone hearing Wednesday he told me then aswell to send it to chelmsford county court. 

You have an issue
If you dispute the defence as not being from you, it menas you failed to comply with the court order requiring you tro file a defence within 14/28 days (if AOS done) and the claimant would immediately be able to get a default judgement against you. You woul dhave no come back on this happening. You could not get a set aside
So no, you paid a stupid company to file a really, really terrible defence, and you now have to deal with that fact. The way to deal with that is the way we're telling you to - at WS stage. 
Your method, at best, pisses of the court before you get there. 

Coupon-mad

This should be easier than you think to turn around, but you can't change that defence.

You write a Witness Statement that starts by saying that you are also appending the defence that was filed by a company on your behalf and you had the honest belief that it was filed and served by that company who were acting as your administrative agent (note that you are no longer using that firm).  The fact the defence was filed and served is borne out by the fact that the Claimant did confirm that they have received a copy, so you can only conclude that the court not having it at the first hearing was perhaps due to the pandemic-related lack of access to documents filed via MCOL. 

Due to the distress of receiving a court claim from a notorious ex-clamper and not knowing where to turn, you used a company and now realise that some parts of the defence (that you are now attaching to company with the Court Order) were irrelevant. 

However, parts of it do address relevant issues and whilst you will not be pursuing an argument that there was no loss to the parking firm and realise that is not arguable due to the Supreme Court case in Beavis, you are a litigant in person who had no idea about that case until now.  So, this witness statement focusses on those core issues that were in the defence and can now be expanded upon:

poor signage
no contract with driver agreed/seen
lack of landowner authority (the Claimant not being the landowner)
the abuse of process of a parking firm adding £60 or more in false 'damages' to a parking charge (double recovery).

Then continue with the story of what happened on the day - if you were the driver, then say so. 

If you were the registered keeper, say so, be honest.  Then talk about the parking charge and event, or if you genuinely were not driving and have no clue what this is about and received no letters, say that (NO LYING). 

Talk about how long the car was there and the lack of photo evidence from the parking firm (probably their photos show pics taken in 2 minutes flat, with no fair grace period allowed?  Say so!).

The Judge wants you to have a chance to give you honest account and obviously saw that you were caught between two bad companies! 

Now is your chance.

Have a look at the witness statement example I showed in the thread by @Bexon (I think!) and maybe the one just posted today (the updatd final version) by @Fiortdunlop2020 to see what a witness statement and EVIDENCE is meant to look like.  Copy the style and headings and replace the claimant with your claimant (parking firm's name) and write as above, starting with the words I just gave you...

Show us your draft.

dannyboy138

I'm not gonna send a different defence. Ive got to resend to the court and they told me to send to Gladstones aswell. I was just saying the court havent got the original defence on file and i didn't send the defence to gladstones, the person who did the defence sent it directly to them without it being signed or dated and not coming from me. So because I have to resend a defence to the court and to Gladstones, I thought maybe I could do my own defence and will send to the court and gladstones because I didn't send it to gladstones , I have not sent anything to them if that makes sense. Its hard to explain it in text form.

nosferatu1001

No, we get it
But
No
You cant send a new defence
Stop asking if thats a good idea. It isnt. 

Coupon-mad

dannyboy138 said:

I'm not gonna send a different defence. Ive got to resend to the court and they told me to send to Gladstones aswell. I was just saying the court havent got the original defence on file and i didn't send the defence to gladstones, the person who did the defence sent it directly to them without it being signed or dated and not coming from me. So because I have to resend a defence to the court and to Gladstones, I thought maybe I could do my own defence and will send to the court and gladstones because I didn't send it to gladstones , I have not sent anything to them if that makes sense. Its hard to explain it in text form.

No, you can't. 

I've already explained how to write the start of the witness statement, so if you want to pm me your draft based on what I already said, I will help.  But I will expect to see it already contain the advice I've already given you (my words, changed by you to read ''I'' instead of ''you'') and I won't write it from scratch.

Le_Kirk

Just do what everyone is advising you and use the words given to you by @Coupon-mad, this can be turned around.

dannyboy138

Thanks all. In the process of writing a witness statement now which I will pm afterwards @Coupon-mad for advice if ok.
Sorry to be a pain but can someone re attach a witness statement as I am unable to find it on the thread, thanks.