Remote parking hearing tomorrow after a succesful CCJ set aside

KeithP

When the judge asks me for my WS - Can I not say look at my Line of Defence or check the N224 Application statement which contains the full WS. 

Why would a Judge be asking for your Witness Statement?
He/she will expect to find it in your bundle - the bundle you were supposed to file at least two weeks before the hearing. Expect the Claimant to complain bitterly if you try to introduce a Witness Statement at the hearling.

You have been told several times that a Defence is not the same as a Witness Statement.

A Witness Statement for a set aside is not the same as a Witness Statement for the underlying claim.

If you don't understand those simple points then I fear you are wasting your time.

Good luck - you'll need it.

lethal_2

Thanks @nosferatu1001 ...This was the output from the set-aside and therefore doesn't request a WS:

Should I be looking somewhere else?

KeithP

lethal_2 said:

Thanks @nosferatu1001 ...This was the output from the set-aside and therefore doesn't request a WS:

Should I be looking somewhere else?

Yes, look again at your Notice of Allocation. The Notice that gives the hearing date.
 Is there not a paragraph something like: Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing]. Might be on the back.
Those documents you intend to rely on are your Witness Statement and evidence.

lethal_2

The only bit the court letters refer to a WS is 18E where is states 'any other WS' - surely this means a WS is not critical for the hearing and I can get through without one? Am I missing something?

nosferatu1001

No , you messed up. It told you to file a WS. It is an essential document by definition.  You can't not read court orders. That's madness. You knew, because you were told, that you file a WS to support your defence of the claim. The court then ordered you to do thus

write one. Now. No questions. JFDI. Hope you get a lenient bloody judge. 

lethal_2

Happy to submit but I am very confused where exactly it states that I need a WS. Here is the full page:

nosferatu1001

You already showed us. 

16 and 17
you read those two yes? They tell you the deadline
18 tells you what the bundle is to contsin
18e tells you ..any other essential...witness statements ... 
Given the only way you can introduce evidence is via a WS, and these exhibits are therefore essential docs, you've royally messed up

have you done the rest? You are required to cooperate! It orders you to file a bundle! It's not complicated legalese here. 

Umkomaas

Para 18e might help you see the wood for the trees!  

Rather than creatively avoid doing anything by arguing the toss with the only people trying to help you, just draft up some form of WS and get it off electronically. If it wasn't needed, no harm done, but if one was needed and you've sent nothing to the court, I can't see how it helps you. 

nosferatu1001

And to the claimant. As it tells you. 

lethal_2

OK, I get it and drafting as we speak. But my wrong assumption was that this was only for 'the party whose application it is, is primarily responsible for sending an electronic PDF bundle...' and therefore only applied to the claimant.

I am very confused what goes into my bundle? Can I assume it is:

1. WS
2. Defence to the claim (including appendix)
3. SoT

Would this bundle be sufficient?