Help Needed - Defence for PPS PCN -WS Stage

Goodboy18

KeithP said:

Goodboy18 said:

KeithP said:

Goodboy18 said:

I have now got claimant's witness statement

When is the deadline for filing your Witness Statement and evidence?

I am concerned that you have received the Claimant's Witness Statement.
They have the same deadline as you and usually leave it to the last minute.

The hearing is on 17 Feb, so that will give me upto 03 Feb isnt it?

No-one here can answer that question.

Often the filing deadline is 14 days before the hearing but it is very unwise to assume that.

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

i have checked the letter - it doesnt specify any date.
it mentions about when the claimant has to submit the bundle, see point 6 in the link below

hxxps://www.dropbox.com/s/cozzl5v5y6xgwub/letter.jpg?dl=0

KeithP

www.dropbox.com/s/cozzl5v5y6xgwub/letter.jpg?dl=0

Read item 6 on that list...


It goes on to say that the Claimant is to produce that bundle, so you need to get your stuff to the Claimant before that.

However...
That wasn't your Notice of Allocation.
As I said earlier, you need to read your Notice of Allocation.
I suspect that that Notice of Allocation will have a much earlier date for the filing of your Witness Statement and evidence. You must follow that court order.

Goodboy18

KeithP said:

www.dropbox.com/s/cozzl5v5y6xgwub/letter.jpg?dl=0

Read item 6 on that list...


It goes on to say that the Claimant is to produce that bundle, so you need to get your stuff to the Claimant before that.

However...
That wasn't your Notice of Allocation.
As I said earlier, you need to read your Notice of Allocation.
I suspect that that Notice of Allocation will have a much earlier date for the filing of your Witness Statement and evidence. You must follow that court order.

This the only Notice of Trial Date I have received. Has the court mixed up sending letters to me and Claimant?
Also when you say that I need to send my WS and evidence to the Claimant before that, I do not see that in the letter, is that a rule that you have seen? Sorry this is my first time and have missed the timelines then?

There is no other timeline mentioned in this whole letter apart from the point 6 that you mentioned.

Coupon-mad

You had a Notice of Allocation in 2021. The first notice once the case transferred to your local court.  Might have been 6 months or so ago.

KeithP

Are you telling us you received nothing from the hearing court between June last year and receiving this Notice of Trial Date document?

If so, you need to point out this failure to Bromley County Court.

KeithP

Goodboy18 said:

KeithP said:

www.dropbox.com/s/cozzl5v5y6xgwub/letter.jpg?dl=0

Read item 6 on that list...


It goes on to say that the Claimant is to produce that bundle, so you need to get your stuff to the Claimant before that.

However...
That wasn't your Notice of Allocation.
As I said earlier, you need to read your Notice of Allocation.
I suspect that that Notice of Allocation will have a much earlier date for the filing of your Witness Statement and evidence. You must follow that court order.

Also when you say that I need to send my WS and evidence to the Claimant before that, I do not see that in the letter, is that a rule that you have seen?

What does this link in para 6 say?...

Anything relevant? I've not read it.

Goodboy18

Coupon-mad said:

You had a Notice of Allocation in 2021. The first notice once the case transferred to your local court.  Might have been 6 months or so ago.

KeithP said:

Are you telling us you received nothing from the hearing court between June last year and receiving this Notice of Trial Date document?

If so, you need to point out this failure to Bromley County Court.

Ok so checked the Notice of Allocation - it says each party should send the other party all the document copies no later than 14 days. So that gives me until 03 Feb to submit the WS package.

So back to my questions pls:
WS stage:

I have now got claimant's witness and I have redacted and uploaded it here:
hxxps://www.dropbox.com/s/0ekxbc5o22n1pyb/Claimant%20-%20Witness%20Statement-redacted.pdf?dl=0

The defence tht I had submitted:
hxxps://www.dropbox.com/s/pttexk7ck1h72n5/Defence%20Letter-%20redacted.pdf?dl=0

I would request if you can help on what all points should I expand in my WS based on C's WS:
C has included wall plate (pg 14) in exhibits which is not at the site as seen the real pics.
None of the parking plates are illuminated and the font on t&c is very small, i will include the beavis case wall plate image for comparison
For the address difference - google maps clearly shows the odd numbered address are on one side of the road and even on other. My car has been pictured on the even numbered side of the road and the address mentioned on all their documentation is odd number -145. I will include google maps picture of the area.
My defence is based on keeper liabililty, what should I write in sequence of events?

Le_Kirk

Your witness statement (WS) backs up and supports your defence with evidence and the story (sequence of events) and only you know the story.  If the claimant's WS is claiming something that is not factually true, you point this out in your WS with evidence to back up what you state and to disprove what the claimant states.
There are good examples of recent WSs by @jrhys and @Nosy.

Goodboy18

quick one - how is the WS to be sent to the court: Hard copy or via email?

Coupon-mad

Email - not just to the court.

Good examples of WS and evidence are by @jrhys and @Nosy