County Court Claim - NCP Parking outstayed by 20 mins

Jenni_D

Pot. Kettle. Black

They complain about template Internet defences etc., then use templated materials of their own that are regurgitated for almost all claims they bring. 🙄
And why shouldn't a Litigant in Person (LiP) use the Internet for research? A LiP isn't usually legally qualified, nor usually has knowledge or expertise in this area of law, so they have to gain that knowledge from somewhere. If a LiP gained the knowledge via a library book that hundreds or other LiPs had used would they make the same complaint? (The Internet can be construed as an online library).

Monseymoo

@Jenni_D thanks for your thoughts - I hadnt thought of that but I guess given I've got no experience with law its all a bit scary!

Do you still think I should pursue and submit my WS or do you think there is a good chance I will lose?  I guess another question is if I lose will I only be required to pay the £250.24 being requested or will it get increased again - its hard as I really want to take this all the way but am nervous.  They are offering a reduction of £60.24 if I pay the balance now!

Le_Kirk

Standard rubbish witness statement - don't worry about it.  More worrying is that you haven't received a notice of hearing.  Something you should be checking with the court.  If you have a WS submission date of 7th June, I would expect a court hearing on 21st June or thereabouts.  Your WS should back-up and support your defence, which you must have already filed; it is time to revisit your defence and come up with evidence to put alongside your WS.  Maybe you can get a statement from someone in the shop where your wallet was handed in.  Losing your wallet/hat/child is known as a vicissitude and, if one has lost one's belongings, all reason goes out the window, you just need it back and don't have time to think about extending parking tickets!

Monseymoo

@Le_Kirk thanks so much for your input yes I know I'm confused re the 7th, still I have time to prepare.  I have got my defense which is pretty simple it stated:
2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  
3.       The defendant parked at a NCP car park on the date in question.  The defendant returned to their vehicle within the 1 hour paid duration, upon entering their car they realised that their wallet was not in their bag.  The defendant was able to locate the wallet after it had been handed it to a local shop.  The defendant then left the car park to return home.
I have contacted the store where the wallet was handed in however they have stated that logs of lost property are not kept for longer than 3 months so thats impossible to get anything from them.  Would a letter or email from the shop stating this help?  I cant see what else I can do to get any further evidence?.....  

I appreciate your comments around the situation - vicissitude it really does throw all logic out, I hope this will help when the judge reviews given we are talking 20 mins!

Id appreciate any other thoughts on things I could add to help my WS but will in the meantime start to pull together a statement.  If you think there are any other statements that would help that I could review other than this one please point me in any directions - https://forums.moneysavingexpert.com/discussion/6040741/cel-witness-statement/p1 

Im massively stressed over this

Jenni_D

That wasn't your defence ... that was part of your defence, the rest being the standard template from the Newbies thread?

Le_Kirk

Jenni_D said:

That wasn't your defence ... that was part of your defence, the rest being the standard template from the Newbies thread?

I do hope so.

Monseymoo

correct I didnt want to add it all in here as its obv repeated data the defence had 18 paragraphs in all @Le_Kirk @Jenni_D
Please let me know your thoughts on my WS and if you still think I have a good chance

Le_Kirk

That is someone else's WS but if it fits your circumstances you can use it if you read through carefully and make edits where required.  You need to make sure that your WS, which is a narrative, the story of what happened on the day and subsequently, is explained to the judge so that it backs up and supports your defence.  Does that person's story equal yours?  If so go ahead and use it.  There is no need to reinvent the wheel so using an already crafted document is good practice if it fits neatly.

Monseymoo

I will need to rewrite some parts but its very similar so will have a go then post in here once done thanks all

Le_Kirk

Monseymoo said:

I will need to rewrite some parts but its very similar so will have a go then post in here once done thanks all

Good idea and then you should get some critiques.