EMA airport fine for stopping at double yellow line - court date in near future.

san2020

Le_Kirk said:

As @nosferatu1001 advises, it is time to work on a witness statement.  It should be in support of and back up what you said in the defence but, since you filed a very short defence with very little (if any) technical or legal argument, that is going to be difficult.  A witness statement is also a narrative (written in the first person - "I" did this that and the other) and tells the story of what happened on the day.  Use the first part of that new "defence" you wrote and turn it into a first person statement.  If the claimant is claiming a false/spurious amount (£60 normally) for debt control or admin you can leave in the parts about double recovery and any evidence that supports that issue.
What you need to do is to try to weave in the reasons why you did what the claimant is claiming OR why you didn't do what the claimant is claiming. 

Is this current WS any good? hxxps://docs.google.com/document/d/1ZNygSHUDN76LijpTirsHr4HmIQwl2GYgiMksHEIHAP8/edit?usp=sharing
Any examples would be good, in reality what happened is as follows:  Driving to EMA to drop someone off, I saw barriers which I was not planning to cross, hence stopped, allowed passenger to step out and reverse back out. another vehicle could access the area in a multi lane environment. it happened around early days of Jan 2020.
which part can I amend in WS?

Coupon-mad

If you can ask for permission to amend your defence for £100 fee and a 'without notice' application, as I said, I would do that and this sort of application doesn't get served to the other side.  And no hearing is required to consider it, the Judge will either say 'yes you can' or 'no'.  The latter would be surprising.

It was ALWAYS going to be an application that the Judge can decide whether to grant, so nothing has changed about that.  But if it is 'only' £100 then it might be worth the application because you can't introduce new arguments in a WS that were not in your defence.

And your reasons for amending your defence would be that you have sent a Subject Access Request to the PPC (I hope you have?) and have either got back some data that now makes your in a more informed position to defend with knowledge of the allegations, or you will be receiving the SAR back within 30 days of request and shall be able to amend your defence accordingly, in the interests of a just outcome at minimal cost.

Up to you but you can't bang in an unrelated WS.

nosferatu1001

C-M - see my analysis above. I did look for case law and in all cases notice was given to all sides. 

Le_Kirk

Cannot access your link: -
https://docs.google.com/document/d/1ZNygSHUDN76LijpTirsHr4HmIQwl2GYgiMksHEIHAP8/edit?usp=sharing
as it requires access!

OK, lets go through the WS route now. advise from CCBC re changing claim is as follows:
N244 is needed, along with fee of 100.

• Your application is not automatically granted. The outcome of your application is at the discretion of a District Judge or a court appointed Legal Advisor.

Did you mean changing defence?

san2020

Le_Kirk said:

Cannot access your link: -
https://docs.google.com/document/d/1ZNygSHUDN76LijpTirsHr4HmIQwl2GYgiMksHEIHAP8/edit?usp=sharing
as it requires access!

See if this file is accessible. hxxps://www.dropbox.com/s/33twr99p3nweqb2/Whitness%20statement%20final%20Draft%2009%20Mar%2021.docx?dl=0

san2020

OK, lets go through the WS route now. advise from CCBC re changing claim is as follows:
N244 is needed, along with fee of 100.

• Your application is not automatically granted. The outcome of your application is at the discretion of a District Judge or a court appointed Legal Advisor.

Did you mean changing defence?

Yes, changing defence, but as this is likely to increase in cost (Initially £100 using N244) as per nosferatu1001, it may be worth amending the WS which will need to be aligned with current Defence. I don't know what portions of the WS are useful with the current defence. 

Le_Kirk

Here is your link and it works!
https://www.dropbox.com/s/33twr99p3nweqb2/Whitness statement final Draft 09 Mar 21.docx?dl=0

san2020

Coupon-mad said:

If you can ask for permission to amend your defence for £100 fee and a 'without notice' application, as I said, I would do that and this sort of application doesn't get served to the other side.  And no hearing is required to consider it, the Judge will either say 'yes you can' or 'no'.  The latter would be surprising. 
Happy to try this but slightly concerned that cost may likely go up once application is served the other side.

It was ALWAYS going to be an application that the Judge can decide whether to grant, so nothing has changed about that.  But if it is 'only' £100 then it might be worth the application because you can't introduce new arguments in a WS that were not in your defence.
Slightly worried about this, I don't see a way to add WS which may not be related to Defence at all.

And your reasons for amending your defence would be that you have sent a Subject Access Request to the PPC (I hope you have?) and have either got back some data that now makes your in a more informed position to defend with knowledge of the allegations, or you will be receiving the SAR back within 30 days of request and shall be able to amend your defence accordingly, in the interests of a just outcome at minimal cost.
I did submit an SAR to VCS LTD and received letters from NTK, Reminders, etc. 


Up to you but you can't bang in an unrelated WS.
(help, what is needed to add a related WS which may stand a chance)

Also chat with CAB today, they advised to stick with N244, (£100), request for it to be set a side on the basis that the claimant has not followed the correct process. (if set aside, defendant may still be liable for the debt, but can proceed without court's involvement. (Options at this stage)
-Mediation (pay back in chunks full (£270)
-Claimant may submit a new Claim Form, new Defence can be drawn at this stage
- Claimant argues with court and court decides to not set the case aside and I pay the additional (£ X) amount to keep this going.
as a layman, I am willing to go for the £100 option if only the WS needs to be amended which may go with the current defence.
your thoughts?

KeithP

Your Statement of Truth in your WS needs to be far more comprehensive.
There is a more up to date example in the NEWBIES thread.
Googling Statement of Truth 2020 will also find it.

Coupon-mad

Happy to try this but slightly concerned that cost may likely go up once application is served the other side.

A 'without notice' application is not served to the other side, as I have said before.

There are examples in case law where parties have asked the other side if they will consent but that's not the same as 'having to'.  But I stress  that I am not legally qualified, I am merely saying what a 'without notice' application is, as I understand it.  And that such applications are just you asking the court ''can I do this/that please, will you give me permission?'' and the Judge looks at your reasons and either says yes you can or no you can't.

Which seems to be what the CAB told you as well.

- remediation (pay back in chunks full (£270)

Do what now?  You are not going to pay and certainly not in instalments which gets a 'permanent' 6 year CCJ, damaging your credit rating.