Link Parking / BW Legal - OWN residential parking bay

Redx

eagle5 said:

I believe I have finally finished the WS content - as the courts have not asked me to submit one and so no direction, my assumption is email is my fastest, best option as it also gives me a receipt immediately. I can also post tomorrow to arrive for Tuesday AM (or drop it off in person tomorrow if that will give me a personal receipt). 

Additionally, for the hearing, do I need to take a copy of my bundle for the claimant too? 

You serve it to the court and to the claimant , so 3 bundles , court , Claimant ( or lawyer if used ) , plus your own on the day

Coupon-mad

Don't post it.  Wait for more comments then email on the last day.  Have you shown us your defence and WS draft and what exhibits you've listed?

KeithP

eagle5 said:

I believe I have finally finished the WS content - as the courts have not asked me to submit one and so no direction, my assumption is email is my fastest, best option as it also gives me a receipt immediately.

Are you sure the courts have not asked for your Witness Statement and evidence?

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

eagle5 said:

Additionally, for the hearing, do I need to take a copy of my bundle for the claimant too? 

Note those words above... "to every other party". The other party in your case is the Claimant (or their solicitor).
So the Claimant also needs your Witness Statement and evidence well before the hearing too.

eagle5

Coupon-mad said:

Don't post it.  Wait for more comments then email on the last day.  Have you shown us your defence and WS draft and what exhibits you've listed?

I submitted the defence to the courts last year - the claimant responded with what I have sent above - do I take this to court with me too? I will not submit or send anything without seeking approval on here first

eagle5

KeithP said:

eagle5 said:

I believe I have finally finished the WS content - as the courts have not asked me to submit one and so no direction, my assumption is email is my fastest, best option as it also gives me a receipt immediately.

Are you sure the courts have not asked for your Witness Statement and evidence?

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

Positive! What I have posted on here is the most I have received, I suppose because it is a "private" conversation with the judge? I have read reasons why the judge would request this and if it was not for this forum, I would have definitely attended with only my lease agreement at hand and no other prep just because the notice has not asked for any statement. I also do not have the claimant's WS.

I contacted a local resident who has experienced this too and they advised they did not prepare any paperwork and attended court with their lease agreement at hand, they said they judge threw the case out within minutes. This was a few years ago with a different company representing Link Parking but it still stands. I have enquired with my residents association rep too has given me insightful information. It is evident my building was not yet built, let alone occupied, at the time there was a consultation for parking enforcement and the consultation went against them. 

Coupon-mad

Ah OK you did the defence ages ago but you certainly need all documents (theirs and yours) with you in a ring binder on the day, for you and the Claimant to refer to and do you can follow what's being said.

Even for a phone hearing.

Is it in person?

You will have an order with the deadline on it for your WS.

eagle5

Yes the hearing is in person this week! Although I do prefer it to be face-to-face too.

I gather from the posts on this thread I may be potentially missing a letter of instructions? The last and only correspondence I have had regarding the county court date is the one I have shared in this thread - no directions of submitting anything anywhere so my assumption, as per the letter, is that I did not need to do anything except turn up. 

Coupon-mad

Notice of Allocation in 2021.

eagle5

Okay I will call for clarification. The letter I posted was titled 'Notice of Allocation to the Small Claims Track (preliminary hearing)

Otherwise, I noted last night not to send anything until the last day, am I not lessening my chances of the judge viewing my WS and evidence by doing so?

Redx

eagle5 said:

Okay I will call for clarification. The letter I posted was titled 'Notice of Allocation to the Small Claims Track (preliminary hearing)

Otherwise, I noted last night not to send anything until the last day, am I not lessening my chances of the judge viewing my WS and evidence by doing so?

My view stays the same , you are if you turn up with it on the day , because neither side is allowed to ambush the other in court , which is why bundles are submitted to all parties beforehand. So turning up on the day with an unsubmitted lease should not be acceptable , despite what you told us

A stickler judge could be prickly about this , which is why my view is , get your bundle submitted to both parties , it cannot do harm , but may do good

Remember , you cannot ambush the opposition in court , and judges dont like being kept in the dark or last minute additions