DCBL - county court

Trainerman

As @Le_Kirk pointed out, you are waaaaaaaay past defence stage. You need to  be doing Witness Statement (WS). It may well be that you are already past the submission date and need to check urgently

KeithP

Bizzle17 said:

The trial date is 25th April, I received their documents on the 1st April.  Where would I check to see when the defence stage has to be in by?

As @Le_Kirk said earlier, you have already filed your Defence.

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.

Coupon-mad

You are already late - but get the signed & dated WS in by email to the local court and solicitor now (i.e. Tuesday before 3.30pm).  

Defence was not your only job.  Not sure how posters overlook this vital stage which is fully explained in the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

But don't use the example WS there.  

Grab and adapt the more recent one by @ricky_balboa and change the facts (e.g. if he says he was not driving in his WS and yet you were, obviously don't copy that bit).

To see what the whole bundle looks like, see last year's WS by @jrhys which shows the cover sheet, headings, photo and case exhibits etc.

You haven't been back in between (big mistake, hence you've sadly gone 'off piste' from forum guidance and so far, you are in breach of your court hearing Order/directions) and might not know that the new statutory Code of Practice was published in February by the Government and they've banned  false £60/£70 'debt recovery costs'.

This is all covered in ricky's WS which is why you need to adapt that one, VERY urgently.

Bizzle17

KeithP said:

Bizzle17 said:

The trial date is 25th April, I received their documents on the 1st April.  Where would I check to see when the defence stage has to be in by?

As @Le_Kirk said earlier, you have already filed your Defence.

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.

Yes, I have filed my defence..its the ws that I need to get in order.

Here is a link to the Notice of Trial date letter https://we.tl/t-SptYEgqEeH

KeithP

Sorry, but I am not going to download stuff to my computer from someone I don't know.
Can you either post a pic or tell us exactly what that sentence says?

Anyway, with a hearing next Monday you need to act PDQ.
Follow @Coupon-mad's guidance above.

Bizzle17

Coupon-mad said:

You are already late - but get the signed & dated WS in by email to the local court and solicitor now (i.e. Tuesday before 3.30pm).  

Defence was not your only job.  Not sure how posters overlook this vital stage which is fully explained in the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

But don't use the example WS there.  

Grab and adapt the more recent one by @ricky_balboa and change the facts (e.g. if he says he was not driving in his WS and yet you were, obviously don't copy that bit).

To see what the whole bundle looks like, see last year's WS by @jrhys which shows the cover sheet, headings, photo and case exhibits etc.

You haven't been back in between (big mistake, hence you've sadly gone 'off piste' from forum guidance and so far, you are in breach of your court hearing Order/directions) and might not know that the new statutory Code of Practice was published in February by the Government and they've banned  false £60/£70 'debt recovery costs'.

This is all covered in ricky's WS which is why you need to adapt that one, VERY urgently.

The below is the template that I will be amending?

Ive copied and pasted it from @ricky_balboa as suggested

1.         I am Mr xxxxxx of xxxxxxxxxxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge. 

 

2.         In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

 

Findings based on Evidence supplied by the Claimant to the Defendant

 

3.         In the witness statement and evidence supplied by the claimant’s solicitors BW Legal services limited they have included the agreement between the landowner/customer Callmount Ltd and the supplier Britannia Parking Services Limited company number 8187238. The first page is included in this supplementary witness statement (Exhibit aa-01)

 

4.         The Parking Charge Notice – Notice to keeper (Exhibit aa-02) and all subsequent letters sent to me were from Britannia Parking Group limited company number 08182990. 

 

5.         The customer numbers don’t match. The Entity on the agreement is different from the entity issuing a Parking Charge Notice. The claimant therefore has no contract or agreement to operate at this car park.

 

6.         On 10th January 2020 at Reading County Court  case number:- F1DP7C25 , His Honourable Judge Bishop ruled against Britannia on the same legal basis.

 

 

7.        Statement of truth:

 

I believe that the facts stated in this Supplementary Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

This is my SWS. My 2 exhibits are the first page of the contract between the landowner and supplier Britannia parking services
and the PCN from Britannia parking group.It will have a header and been signed/dated at the bottom.

Bizzle17

KeithP said:

Sorry, but I am not going to download stuff to my computer from someone I don't know.
Can you either post a pic or tell us exactly what that sentence says?

Anyway, with a hearing next Monday you need to act PDQ.
Follow @Coupon-mad's guidance above.

Understood, please see below

https://i.postimg.cc/1XhpN8zz/IMG-0149.jpg

https://i.postimg.cc/8k45vFcn/IMG-0148.jpg

https://i.postimg.cc/J0pzCFSW/IMG-0150.jpg

https://i.postimg.cc/XNrjr2MX/IMG-0147.jpg

KeithP

Item 7 on that second image tells you that the Claimant, being the represented party, should prepare the court bundle.
Item 9 on that same list also states that it is the Claimant's responsibility to send the complete bundle to everyone else.

You of course need to send to the Claimant whatever you want included in your bundle.

In the last image you have shown us, item 6 tells you that "At least two weeks before the hearing the Claimant must sent to the Home Court and to other parties an electronic bundle to be used at the hearing".
They obviously cannot do that without your input.
Or perhaps they will send a bundle without your submissions.

It is disappointing to see that you have apparently left this all to the last minute.

Coupon-mad

No.  You looked at ricky's Supplementary WS which was a short extra bit he added recently, that completely irrelevant to a non-Britannia case.  When you are directed to read someone's thread, don't just skim-read the end or you find and learn nothing.

I advised you to adapt his witness statement (his first WS) and explained what to look for in it (so it's obviously not that second SWS he added later because that doesn't include any of what I said you need) and I advised you how to find out what the bundle needs to look like, cover sheet, etc.

You are so late this needs to go in Tuesday.  I hope the Judge doesn't give you a hard time for breaching the Order deadline but this is very urgent now.  Do it anyway.  Hopefully better late than never.

Bizzle17

KeithP said:

Item 7 on that second image tells you that the Claimant, being the represented party, should prepare the court bundle.
Item 9 on that same list also states that it is the Claimant's responsibility to send the complete bundle to everyone else.

You of course need to send to the Claimant whatever you want included in your bundle.

In the last image you have shown us, item 6 tells you that "At least two weeks before the hearing the Claimant must sent to the Home Court and to other parties an electronic bundle to be used at the hearing".
They obviously cannot do that without your input.
Or perhaps they will send a bundle without your submissions.

It is disappointing to see that you have apparently left this all to the last minute.

Yeah, to be honest I was hoping that it had gone away..we've just had a baby so the timing of this all isn't great