Allotment/ UKCPM Parking Defence

Jenni_D

Per the last comment - that's normal; the Claimant (or their direct legal) rarely ever attend hearings. They do however usually send a rent-a-legal bod - not sure if that's what they mean though.

ehannahr

Ok thanks. I have found an email from Network Housing on July 1st 2019, four months after the 1st feb date UKPCM say permits were sent out to residents, showing them sending the dispensation code to my colleague 'whilst you wait for your permit to arrive'. This contradicts points 39-41 on page 7 of the Claimant's statement.   

Can I mention this in court? Submit it as an extra piece of evidence?

Trainerman

Hmmmm for a Trainee Solicitor, presumably a university graduate, I would expect basic skills. PrinciPAL not PrinciPLE, were not was etc etc . Pretty poor .

Sorry O.P. back to our normal program and good luck with it.

1505grandad

Also, most of para 2 was so good it was worthy of repeating in para 3.

Johnersh

I'll leave this here... 
https://www.civillitigationbrief.com/2021/03/26/whats-the-difference-between-a-witness-statement-and-substantive-submissions/ 

Chock full of legal argument.  Based upon instructions.... So not actually fact within the knowledge of the statement maker at all. 

The errors in the statement reflect the generic nature of it. To be honest, I'd be tempted to argue that little store should be put in the statement if the author is not at the hearing to be cross-examined. 

Johnersh

That contract refers to a shed load of documents - they all form part of the contract. Make sure you have them all and that the contract has been executed properly. 

ehannahr

Oh I am so sorry @Johnersh I have only just seen your comments  - for some reason I didn't get  the usual notification emails so thought no-one had added anything!
I like your point about their statement being generic - it seems rather offensive that they accuse me in 35.1 of cut and pasting content from internet forums when they have done pretty much the same, whilst supposedly being trained and paid to have more expertise than I

Johnersh

Whilst arguably the statements from other cases are arguably irrelevant, one of these days, someone will turn up to a hearing with 8 gladstones statements from this forum showing just how identikit they are and find that a DJ who takes an interest. 

Coupon-mad

Maybe we need a new thread for people to post pictures of the identical wording from their cases, if the forum will allow it (probably after cases conclude as they don't like live court case stuff being shown as images).

Umkomaas

Johnersh said:

I'll leave this here... 
https://www.civillitigationbrief.com/2021/03/26/whats-the-difference-between-a-witness-statement-and-substantive-submissions/ 

Chock full of legal argument.  Based upon instructions.... So not actually fact within the knowledge of the statement maker at all. 

The errors in the statement reflect the generic nature of it. To be honest, I'd be tempted to argue that little store should be put in the statement if the author is not at the hearing to be cross-examined. 

Very interesting and worthwhile read. Thank you @Johnersh