BW Legal County court claim

Johnersh

Q1. Has limitation expired in relation to the claim that C now wants to bring? 

Q2. Does the o/p agree to the change?

Now that proceedings are served, if s/he does not, the claimant will need to apply. It is difficult to see how any amendment can circumvent CPR 17.2(b).

This is, in principle, a material change to the pleaded case and a new defence may need to be filed. Unless the date was, eg 12/25/21 it is not obviously USA format. It is not for the defendant to guess what the Claimant's case ought to be nor (even if it is asserted that D must have known) is there a duty to point out any error (Woodward v Phoenix). 

The claimant will either need apply and to pay the costs of preparing that new defence or to discontinue and start again (which might be cheaper).

The trial is not the time to deal with an application like this as D needs to know which case to prepare. 

CaH27

Good morning Johnersh

Q1. I’m assuming the limitation is six years? Correct me if I’m wrong. Which would be running out in 5 days (12/02/2016)

Q2. Could somebody enlighten me to what o/p is? I couldn’t find anything under the acronyms in the newbies section.

I received the witness statement a week ago from the claimant via email. I am assuming I should receive a letter from the courts to confirm this? And to enclose my witness statement?

The last update on MCOL was that it had been transferred to my local court.

Thanks.

Redx

You are the OP , of this thread , the Opening Poster , typical forum speak on any forum for the Person who Opened the discussion ! ( On any forum ) Coupon Mad is the OP of the Newbies announcement thread and the Defence template thread up there too

That is probably what the explanation is , or similar

I wouldn't assume anything at all , your designated court issues an order but their order will have told both of you what to do and they expect compliance , so don't expect any acknowledgement from the court

My advice is simple , serve the court and claimants lawyer ( or Claimant if no lawyers ) your WS bundle , this week , asap

Do not assume !!!  ( The word assume contains 3 designations , a$$ u me ) , don't be the first word by inaction

When MCOL sent the bundle to your local nominated court , they filed it as completed , meaning they no longer have any involvement , so pointless looking on MCOL after the date that they passed the parcel , because it won't be updated at all on there after they pass the parcel. Nor will they send anyone involved anything else either

You deal with your local nominated court , they are your only contact , plus any other party , meaning the lawyers acting for the claimant , or , the claimant if no lawyers are involved

CaH27

Thank you for your help.

So my witness statement should consist of the night of receiving the PCN or the night they specified in the court letters? (American format date)

If they are at fault for putting the American format I would argue that, but they seem to believe they are covered because the PCN was in the UK format.

Coupon-mad

CaH27 said:

Thank you for your help.

So my witness statement should consist of the night of receiving the PCN or the night they specified in the court letters? (American format date)

If they are at fault for putting the American format I would argue that, but they seem to believe they are covered because the PCN was in the UK format.

Start your WS referring to their case as pleaded (wrong date) and reiterate your defence on that.

Then state 'in the alternative' and respond to the newly pleaded date.

If you've got their WS you may well be late with emailing yours but do it asap.  Same advice and examples of what to include as here:

https://forums.moneysavingexpert.com/discussion/comment/78969212#Comment_78969212

CaH27

I thought the WS was submitted 14 days before trial?

Redx

CaH27 said:

I thought the WS was submitted 14 days before trial?

That is the usual practice , except that it's "no later than" , it can be earlier than

Receiving the Claimants WS is normally a signal that your should be in , you both have the same deadline , your court order should tell you

CaH27

In the claimants witness statement they have included an up to date image of the car park with the improved signage, 7 in total.

However, 6 years ago these weren’t present in the car park, and weren’t included In the “vehicle location plan” diagram given by the patrol officer. He included just 2 signs in the diagram. 

Could this be used to highlight the lack of signage at the time? Also, that the car park has had an update of signage which weren’t present 6 years ago?

To add, one of the signs would have been placed exiting the car park, unlit and would have been unable to read on entering, or see, as it was the back of the sign.

The other was placed on the wall of the premises I was visiting unlit.

Umkomaas

Could this be used to highlight the lack of signage at the time? Also, that the car park has had an update of signage which weren’t present 6 years ago?

Yep. Argue that the PPC accepts by action to rectify that their signage at the time was wholly inadequate. Then let them prove it was - it's their case to prove!

CaH27

Does this sound right?

Preliminary issue:

 

It is the claimant who issued the claim and stated the date of 02/12/2016 on the N1 form in American format, not to the knowledge of the defendant. Therefore, the defendant can only base their defence based on this claim brought to them.

 

Now that proceedings are served, It is difficult to see how any amendment can circumvent CPR 17.2.

Then I will begin my evidence/witness statement for the UK format date.