DCB Legal on behalf of Highview Parking - Advice on Defence for Claim

Redman2186

Question - We have recently found Photo and Video evidence of the Family being in a location the other side of London during the time period in question when we said we had left the car park - This is obviously post evidence submission. 

Do I just prep an addendum and let them know it will be included in trial bundle

Redx

You can submit it in the WS plus Exhibits stage , or as a supplementary WS plus Exhibits , to the claimant and also to the court

Coupon-mad

Redman2186 said:

Question - We have recently found Photo and Video evidence of the Family being in a location the other side of London during the time period in question when we said we had left the car park - This is obviously post evidence submission. 

Do I just prep an addendum and let them know it will be included in trial bundle

That's brilliant news!

If you are past WS stage, do a Supplementary WS this week and explain briefly that this has only just come to light but with the overriding objective of CPR1 in mind, you are immediately filing and serving photo evidence (explain what it shows) and make sure the image metadata has been printed/embedded into the photos to show the date and times.

Redman2186

Hearing took place this morning, all now concluded.

gadjo

What was the outcome?

Redman2186

Am I allowed to comment on it at this stage or do I need to wait for 2 week appeal period to expire?

patient_dream

Redman2186 said:

Am I allowed to comment on it at this stage or do I need to wait for 2 week appeal period to expire?

There is no problem explaining how the case went and the result.

Redman2186

Judge was quick to ask who I was and quickly established that I could not be considered a Lay Rep but that I would be a Mckenzie Friend - i.e. I wasn't allowed to address the court but could give guidance and take notes etc.

Judge was clear to Claimant's legal rep that he was frustrated by the case and that pursuing this4.5 years is not fit & proper use of anyone's time - said he'd read through the exhaustive defence & witness statement and questioned the Claimant's legal rep whether they were still pursuing in light of all evidence. Claimant's legal rep said he'd been instructed to pursue - Judge seemed a little miffed and ask whether Claimant would like to cross exam my Wife. He asked 2 questions "Was she the driver?" & "Why didn't we appeal?" My Wife answered factually per Witness statement. 

Judge spent about 5minutes telling us he felt repugnantly about the whole claim - dismissed and moved on to counterclaim, long story short he also dismissed on the basis that harassment is hard to prove because letters were sent by multiple companies and therefore no pattern of events and no evidence although implicit that they we acting on behalf of Claimant). Therefore no legal basis - He didn't refer to breach of data.

Re: Costs he said that as much as he would like to issue cost we were not entitled as my Wife was not legally represented

Net Result - Claim Dismissed, Counter-Claim Dismissed - Lot of time and effort and nothing to show, nothing lost apart from court costs -  I'll take it as a win, I enjoyed the process & experience.

Judge's parting comment was that my wife should be commended for the Witness Statement which was very good. 

patient_dream

I have been a Mckenzie Friend in one of these cases and it is very difficult not to say something.

The Judge could have awarded your costs and those who do, it's normally around £95

Yes, you won  This was another DCBL failure.

It will cost them to appeal with probably the same result 
That will depend if Highview wants to throw good money after bad ?

It is sad that some judges look at the harassment with blinkered eyes,

However, relish the fact that your WS probably did the job and in the end, the judge spanked DCBL/Highview ...... well done for that

D_P_Dance

The PPC have wasted your time, now waste theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/