Claim Form - Defence for My Residential Parking

limmylom

Jenni_D said:

Worst case? You have no evidence to support your defence, and can only hope the judge allows you to give oral evidence.

Ok thanks. In which case I presume I wouldn’t be at a disadvantage considering the claimant’s WS would also not be accepted  

Jenni_D

You both have the same filing date ... are you sure you've missed the date? Perhaps post a copy of what the court order said?

limmylom

Jenni_D said:

You both have the same filing date ... are you sure you've missed the date? Perhaps post a copy of what the court order said?

I’ve missed the date. Can’t be certain about the claimant though. I can be certain I didn’t receive a copy but maybe they only sent it to the court. 

I mentioned it previously but here is the relevant part of the court order letter that I originally missed

” 6) Each party must deliver to the other party and to the court office copies of all documents on which that party tends to rely at the hearing no later than 23 August 2021”

Coupon-mad

If they only sent it to the court they are in breach of the Order.  I suspect they did the same as you.  How are you getting on with the WS by looking at the threads I signposted you to read?  Easy once you see those, it's just copying their homework.

limmylom

I forgot to update my post so this is very late news. 

After I failed to provide my witness statement on time and having also not received the claimants witness statement,
I got to work on the late witness statement and I also decided to call their solicitors to inform them that they missed the deadline for their witness statement (without telling them I also missed it) because:

1.  If they are not relying on a witness statement, I’m even less concerned about the hearing. And maybe my witness statement now doesn’t even need to be so thorough. My lease gives me unfettered right to park in my own car park, I’ll just produce this as my witness statement. 

2. If they have produced one and I haven’t received it, I’m in the dark about the evidence they are relying on so I’d like to know. 

So after informing them they have now missed the deadline to provide me with their witness statement, I am hold for 5 - 10 minutes before  I’m told that the claimant has dropped the claim and it was done some time ago! 

Happy and annoyed (that I was wasting time on a witness statement unnecessarily), I made an empty threat about reclaiming my loss of earnings, having taken up my working day to deal with their claim. 

I then demanded confirmation in writing that the claim had been dropped and went on with my life.  

This was end of last year and to be honest, it relieved a lot of stress. I did receive a letter confirming they’d dropped the claim and haven’t thought about it since apart from today when I remembered to provide an update. 

I just to thank everyone that contributed to helping me or others like me. You’re doing the lords work!

Not_A_Hope

Well done LimmyLom. 

You can help others in the near future when the government are consulting again on private parking charges. If you check the MSE forum regularly you will have an opportunity to comment and help prevent others being caught out by similar scams.