Witness statement and court dates

Invertigo

Coupon-mad said:

I'd always email both at the same time, cc-ing the solicitor in, so that a PPC rep can't pretend the WS & evidence wasn't sent.  To be fair, that's a tactic we've mainly seen from Excel and VCS.

Well the solicitor (BW legal) are the ones named on the court papers, so assumedly they're acting as the claimant and thus everything just goes to them anyway. Take your point though, can always send it to them both in the same email.

KeithP

Invertigo said:

Coupon-mad said:

I'd always email both at the same time, cc-ing the solicitor in, so that a PPC rep can't pretend the WS & evidence wasn't sent.  To be fair, that's a tactic we've mainly seen from Excel and VCS.

Well the solicitor (BW legal) are the ones named on the court papers, so assumedly they're acting as the claimant and thus everything just goes to them anyway. Take your point though, can always send it to them both in the same email.

The suggestion is that you email it to the Court and to the Claimant's solicitor as one email but with two addressees. This ensures that if one addressee confirms receipt then the other addressee clearly received it too.
No need to send it to UK Parking Patrol Office.

Coupon-mad

Invertigo said:

Coupon-mad said:

I'd always email both at the same time, cc-ing the solicitor in, so that a PPC rep can't pretend the WS & evidence wasn't sent.  To be fair, that's a tactic we've mainly seen from Excel and VCS.

Well the solicitor (BW legal) are the ones named on the court papers, so assumedly they're acting as the claimant and thus everything just goes to them anyway. Take your point though, can always send it to them both in the same email.

No, you must, that's the point I was making and I explained why.  Think about it.

Invertigo

So, hearing date later this week. Any advice on specifics to do? I've read their covering letter and pointed out multiple flaws (the signage theyve submittted as evidence is clearly a mockup, not a photo, theyve stated they're pursuing me as the keeper initially and then later not as the keeper but as driver to attempt to dismiss the POFA issues). Read that verifying the representatives 'Right of Audience' can be a first move?

Le_Kirk

Unless you know what you are doing, I wouldn't touch Rights of Audience.  If they are using a solicitor, they will be covered anyway.  Where have you pointed out the flaws? Have you done a supplementary witness statement?  Have you completed, filed and served your own WS?

Invertigo

Submitted mine in line with the deadline and received theirs the next day. Not submitted a supplementary one, didn't realise that was a thing? Was going to just point out the flaws at the hearing.

Le_Kirk

Invertigo said:

I've read their covering letter and pointed out multiple flaws 

If your hearing is next week, it is probably too late to submit a supplementary.  Where though, did you point out the flaws?  Were they significant and would they damage your defence?

Invertigo

Le_Kirk said:

Invertigo said:

I've read their covering letter and pointed out multiple flaws 

If your hearing is next week, it is probably too late to submit a supplementary.  Where though, did you point out the flaws?  Were they significant and would they damage your defence?

Flaws were in their WS (thus received after I had submitted mine). i.e. they stated both early in their WS and in previous correspondence (which is in my evidence file submitted with my WS) that they are pursuing me as the RK, not as the driver, only to then attempt to dismiss the issues raised in my defence about failure to comply with POFA by saying they assume I was the driver.

Similarly, the signage in their evidence file is clearly a render/plan i.e. not a photograph, whereas in my evidence file there is a clear photo showing the issues i.e. different company name, vague language ('additional charges may apply')

Coupon-mad

You can cover all this at the hearing, no need for a supplementary WS unless you want to add the Recorder Cohen judgement as per the thread I started in June, if you missed it.

Le_Kirk

Invertigo said:

Le_Kirk said:

Invertigo said:

I've read their covering letter and pointed out multiple flaws 

If your hearing is next week, it is probably too late to submit a supplementary.  Where though, did you point out the flaws?  Were they significant and would they damage your defence?

Flaws were in their WS (thus received after I had submitted mine). i.e. they stated both early in their WS and in previous correspondence (which is in my evidence file submitted with my WS) that they are pursuing me as the RK, not as the driver, only to then attempt to dismiss the issues raised in my defence about failure to comply with POFA by saying they assume I was the driver.

Similarly, the signage in their evidence file is clearly a render/plan i.e. not a photograph, whereas in my evidence file there is a clear photo showing the issues i.e. different company name, vague language ('additional charges may apply')

Yes, but to whom did you point out the flaws?  Did you mean just on this forum or have you pointed out the flaws to the claimant?