DCBLegal/CCPC County Court

Le_Kirk

FineFighter said:

 I think a lot of the information will be the same as the defence?

It won't be the same as in the defence but it will back up and support what you submitted in your defence.

Umkomaas

FineFighter said:

Umkomaas said:

Is it worth still preparing the witness statement for the deadline (which would be this Friday)?

Yes, because without that, notwithstanding the outcome of your request to consolidate both cases to September, you will not have followed the court order to produce your WS by the due date, risk losing the case and expose yourself to additional costs for 'unreasonable behaviour'. Cover your back!

I'd open the WS with a note to the effect that you have written to the court requesting a consolidation - giving an outline of your reasons - and explain that in the event of your request being granted, you will produce a revised WS to cover both claims in time for a consolidated hearing in September. 

Small technical point - do I refer to myself in the first person in said email or in the third email - ie referring to myself as "the defendant" instead of I?

Not sure if there is any convention for an email. Just be clear that you are the Defendant in your opening sentence (as you've done above), then continue with what you feel most comfortable and which makes the request 'flow' than 'wooden'. 

How will I know if the case has been moved, given how long its taking for the courts to reply to any correspondence?

You're going to have to telephone the court to which the case has been allocated. 

Dammnit. Was afraid you were going to say that... Only gives me two days to prepare the WS, but luckily I have all the photos and evidence, so its just a case of putting it all together by the end of Thursday, and I think a lot of the information will be the same as the defence?

No need to start from scratch. The following Witness Statements are seen as good examples from which to work. Use them as the bases on which to construct your own. Note - this isn't suggesting you just copy and paste them, you must describe the circumstances pertaining to your parking event, backing up what you've already said in your Defence.  

@ricky_balboa

@wobs2k

@aphex007

@daiapolon2021

FineFighter

Thank you for signposting @Umkomaas
I had just been using the one from the newbies thread but will have a look at these additionally also

Coupon-mad

FineFighter said:

Thank you for signposting @Umkomaas
I had just been using the one from the newbies thread but will have a look at these additionally also

Don't use the one from the NEWBIES thread. I will update it at some point.

It uses old cases (Crosby - not used now) and was before the Govt announced the intended new Code of Practice and declared the false added 'DRA fees' (aka 'gaslighting and litigation incentives') as extorting money from motorists.

FineFighter

OK thank you for the heads up, I'll have a look at the newer threads, and the new proposed code of practice

Has Crosby been superseded by new case law?

Coupon-mad

Yes it's yesterday's fish & chip paper now.

Code of Practice news:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework

FineFighter

Just working on my witness statement, nearly done now, when I receive the WS from Terry Towel so looks like he wants to continue....

https://www.dropbox.com/s/hxnave850q9b39k/DCBLegal WS redacted.pdf?dl=0

Do I need to rebut his WS in my WS or is this a separate stage?

I'm also struggling to find Horizon vs Mr J [2016] judgement on PDF - does this mean I should remove this from my witness statement?

I'm finishing off my witness statement and will post up shortly

Jenni_D

If you have time then rebut in your WS.

Coupon-mad

I'm also struggling to find Horizon vs Mr J [2016] judgement on PDF - does this mean I should remove this from my witness statement?

Yes. Remove it (there is no transcript).

You should have the stuff (such as Excel v Wilkinson) used in the WS by @Daiapolon2021 and @aphex007 and @wobs2k  

FineFighter

Thanks C-m
I'm using PCM vs Bull and UKPC vs Masterson for "Forbidding nature" argument. Horizon vs Mr J would have been a useful third but I can't seem to find any pdf or judgement so I'll remove.

I'm guessing if they're going to withdraw, they usually do so before the witness statement stage, so looks like I'm going to court!