ELMS Legal - Letter Before Claim threating court

Le_Kirk

The witness statement should be written in the first person so "I" not "the defendant".  You use the e-mail address of the court where the hearing is to be held (even if it is telephone or video, the judge will be based somewhere).  Your paragraph 5 in your WS is confusing.

Coupon-mad

1st person but yours is too short and doesn’t have the exhibits and info that the one by @jrhys has. That’s the one we tell people to copy now.

StopMakingPoorPeoplePay

Le_Kirk said:

The witness statement should be written in the first person so "I" not "the defendant".  You use the e-mail address of the court where the hearing is to be held (even if it is telephone or video, the judge will be based somewhere).  Your paragraph 5 in your WS is confusing.

I have edited to 1st person and removed para 5 and added to para 4:

4.      I did not stop to pick up/drop off in a restricted zone.  I collected passenger from the correct express parking zone.  It was dark and the terms of the signs were unclear and difficult to read, especially whilst driving.  I was being followed by a van with a camera whilst trying to find the correct parking zone.  The van took photos of me whilst asking for directions to the Express Drop Off zone.

 

StopMakingPoorPeoplePay

Coupon-mad said:

1st person but yours is too short and doesn’t have the exhibits and info that the one by @jrhys has. That’s the one we tell people to copy now.

I'll check this out now.

StopMakingPoorPeoplePay

Okay I've made some edits, let me know what you think.  I don't understand the further costs section though... is this something I need to add?https://1drv.ms/w/s!Ap211V9mXJg5hWRKfc3ucONWRs-n?e=FEXT7N   <--- WS here

KeithP

StopMakingPoorPeoplePay said:

 I don't understand the further costs section though... is this something I need to add?

Please be precise.

Are you talking about particular paragraphs in your WS that you don't understand? If so, which paragraph numbers?

Or are you talking about something elsewhere?

StopMakingPoorPeoplePay

KeithP said:

StopMakingPoorPeoplePay said:

 I don't understand the further costs section though... is this something I need to add?

Please be precise.

Are you talking about particular paragraphs in your WS that you don't understand? If so, which paragraph numbers?

Or are you talking about something elsewhere?

Regarding to @jrhys WS.  Do I need to include this section:

CPR 44.11 – further costs

19.     As a litigant-in-person I have had to spend considerable time researching the law online, attempting to correctly interpret the legal terminology, preparing my defence and preparing my witness statement. On top of this, due to the threatening and harassing language of the Claimant’s automated letter chain (behaviour akin to that acknowledged by Lord Hunt of Wirral – “Highly undesirable practices in the private parking industry range from threatening letters sent to motorists, poor signage in car parks and aggressive debt collection practices”.) I have had to endure the emotional strain of regularly reassuring my partner of our safety and of the integrity of our credit records.

20.     Therefore, I am appending with this bundle a fully detailed costs assessment (exhibit XX-05) which covers my proportionate but unavoidable further costs and I invite the court to consider making an award to include these, pursuant to the court's powers in relation to misconduct (CPR 44.11). In support of that argument, I first draw the Court’s attention to the fact that the Claimant was aware (exhibits XX-01 and XX-02) that there was no signage at the entrance to the parking area and no signage visible from my vehicle, and that any terms or conditions of parking outlined on any elsewhere-placed signage could not be binding. Such matters, forming a significant part of the Claimant’s business model, can be reasonably considered to be within the Claimant’s expertise, and the Claimant could have avoided this claim.

21.    Secondly, given the specificity of the conclusions of Judges Jackson and Hickinbottom, and their direct relevance to this Claim, the Claimant’s business model and that of the Claimant’s legal representation, pursuit of the inflated sum including double recovery in full knowledge of such conclusions is clearly vexatious.

Link to my WS is in comment posted today at 3:47pm.

Le_Kirk

You should leave in the paragraphs 19 - 21 and then look at the WS written by @jrhys where you will find at the bottom the schedule of costs and further costs: -
https://drive.google.com/file/d/10_T0OSPwcewp5MrODOIvxFOa1GSKa7Oz/view

Coupon-mad

AND PLEASE COME BACK HERE EVERY WEEK OR SO, BECAUSE THIS IS REALLY IMPORTANT: 

The new (final) Government Consultation this Summer is something you must make sure you get your say in, given what you've been through.  

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice - AND YOUR FRIENDS’ AND RELATIVES’ VOICES TOO -  is/are not missed from this final opportunity to take part in the Government Consultation, coming very soon!

StopMakingPoorPeoplePay

Hi all

Think I've got my final copy of WS.  Please could you check over for me?

JH MSE copy WS.docx

I then send this to the County Court.  Do I also need to upload to the money claim portal?

Thanks