Defence for PCN court claim

Umkomaas

Read @jrhys's thread, there's a very good WS in it which you can adapt to suit your own parking event. It's the most up to date WS that we are recommending. 

You can use relevant excerpts from various documents, especially lengthy 'tomes' like the Protection of Freedoms Act 2012 you might want to use to support your defence. Where it's a transcript from a case you might be using, it's recommended that the entire transcript is submitted. 

Coupon-mad

I assume you’ve read the WS thread I started yesterday about 2 exhibits. No link needed, read other threads!

comeupance

Thank you very much, Umkomaas & Coupon-mad.

I have now read the @rhy's thread & the WS thread and both are very helpful, another string to my bow. I'm off to Southend airport today to look at and take pictures of their signs and hopefully will post my draft WS next week for critique.

comeupance

Hi All,

I have posted my WS for critique. Any help and feedback will be appreciated. My court case is mid september, so I have plenty of time to get it right and make changes. Thank You.

                                                  https://www.keepandshare.com/doc18/24567/court-731k?da=y

Jenni_D

You've used CLAIMANTS (plural) several times where you meant CLAMANT'S (possessive).

I'll let others review and comment - one observation from me is that it seems "short". (I know you've omitted exhibits and that this shortens a WS).

Coupon-mad

Apart from a misspelling of ALLEGED. (twice you’ve added an extra ‘d’ in the middle) that is a very comprehensive WS for an Airport case. 

I’m really pleased people are starting to use the RECORDER COHEN QC judgement on appeal, that shows that the CRA 2015 kills any clause trying to get costs on the indemnity basis without unreasonable conduct being established in court first. What a sound judgment it is.

comeupance

Hi all, thanks for the comments on me witness statement.

I have received a WS from VCS, and it is the usual template, the only surprise is they havent used Kumari. Can anyone tell me if there is a limit to the number of pages in my WS? Thank you.

Coupon-mad

No limit but the statement itself shouldn’t be more than a few pages. You can’t really count up the transcript pages as that’s not your fault and these are authorities you wish to rely upon.

comeupance

Thanks for that C-m. My WS is 5 pages but I'm up to 60 pages after adding exhibits such as POFA, Airport Byelaws and transcripts and I was worried it might be too much. Also VCS say they have prepared their WS without seeing my defence which they have not received. Is this normal?

Redx

It's not normal ,, because the CCBC sent it to them before VCS decided to continue and to lodge their DQ

It seems to be a typical ploy in their usual mismanagement of cases and is one of many template paragraphs they use , so I wouldn't say it's normal , but it is typical of their incompetence 😁😁😁

It's not your job to provide it , but you could add a copy in your exhibits , as showing reasonable behaviour to both the claimant and the court , to expedite matters

It's more usual for them to claim in court that they never received your WS !!  So any excuse !!