Questions about Schedule 4 of POFA

Fruitcake

Double check their version of your defence and WS etcetera to make sure it is the same as your own submissions.
VCS doctored one defendant's exhibits by changing a map. Luckily the defendant spotted it. This was a no stopping case at Bristol Airport. The defendant won.

My point is that if one PPC is willing to perjure themselves has made a mistake by accidentally altering evidence, there is no reason to assume another PPC might not accidently do the same.

Umkomaas

now another £52. 

Probably for the lever arch file! 😯

D_P_Dance

Rhey can claim as much as they loke, but they risk annoying te judge.  There ar videos of hearings in the small claims cout avaialble by googling them.  

ihatetrump

Umkomaas said:

now another £52. 

Probably for the lever arch file! 😯

LOL.

Fruitcake said:

Double check their version of your defence and WS etcetera to make sure it is the same as your own submissions.
VCS doctored one defendant's exhibits by changing a map. Luckily the defendant spotted it. This was a no stopping case at Bristol Airport. The defendant won.

My point is that if one PPC is willing to perjure themselves has made a mistake by accidentally altering evidence, there is no reason to assume another PPC might not accidently do the same.

Double checked and all OK - such a shame really - they did stuff their own WS with irrelevant signage photos however from other dates (years earlier and months later) and from other car parks - already noted and included in my WS.

ihatetrump

D_P_Dance said:

Rhey can claim as much as they loke, but they risk annoying te judge.  There ar videos of hearings in the small claims cout avaialble by googling them.  

Thanks for tips on videos.

I found this one from Black Belt Barrister particularly informative and useful:

https://www.youtube.com/watch?v=eaQZm6IOMKQ

then found these from the same source - some may find them useful (all parking related)
https://www.youtube.com/watch?v=Zy3MY_j7JYw
https://www.youtube.com/watch?v=FB_1VRx4IJU
https://www.youtube.com/watch?v=betK9QpiRZE

ihatetrump

So less than 18 hours before the hearing (tomorrow) the claimant has dropped a 10 page Skeleton Argument on both me and the court which I am now reading through - and beginning to feel more and more incensed by their reprehensible behaviour. They are seeking to have my supplemental witness statement struck out and are making the argument that my entire Defence amounts to unreasonable behaviour.

Is this a usual intimidatory tactic? and any guidance offered please?

Jenni_D

Raise a preliminary matter that their skeleton be dismissed as it was filed/served unreasonably late ... documents to be relied upon should be with the court and the other party at least 3 days before the hearing. (That's what's typically shown on court notifications regarding remote hearings).

Saying a defence is unreasonable behaviour is utter nonsense - I'm sure there have been a few threads where the exact same thing has been mentioned. Did they also say it was a template defence off the Internet? A judge in another case said "So what?"

ihatetrump

Thanks @Jenni_D

How do I go about raising a preliminary matter? at the beginning of the hearing or more formally beforehand?

The Notice of Allocation, stated:

At least 14 days prior to the final hearing the parties shall send to each other and to the court any additional document and witness statements they intend to rely upon at the hearing. Failure to comply with this order will mean that the party will not be entitled to rely on any additional documentation without permission of the court.

Their delivery was less than 18 hours before the scheduled hearing.

Jenni_D

Preliminary matters are always raised at the hearing itself. "Excuse me Sir (Madam), before we proceed I wish to raise a preliminary matter. It regards the Skeleton argument served by the Claimant ........."

ihatetrump

@Jenni_D - thank you. I will proceed on that basis.