Defence letter - advice please - update

Redx

Do we assume that the last 3 paragraphs are 21 , 22 & 23 ?

We presume that the X and XX for the exhibits are actually your initials ?

Hertsinaction

Sorry yes (not sure how that happened) and yes.

Hertsinaction

hi, update. I have now received my date for hearing. I am about to send off my witness statement and evidence (photos). Quick question. The company representing the parking company rang me to discuss.  I didn’t engage with them. Would you say that’s the correct thing to do or should I at least listen to what they have to say. Cheers.

Coupon-mad

Yep, ignore them unless you want a laugh.  Have you got their WS yet?  Sounds like they might discontinue, as they often do after trying to phone a victim.

Did you base your WS on the recent one by @ricky_balboa and include Excel v Wilkinson and the DLUHC ban on the fake debt recovery fee?

Things have changed a lot since the DLUHC's new CoP was published on 7th Feb. You need to read the thread all about it by @bargepole from the same date.  The new Code isn't retrospective but calls the added £60 or £70 as 'designed to extort money from motorists'.

Don't use an old WS example nor the Southampton Crosby case.

Hertsinaction

Thank you. No I was waiting to send mine close to requirement date in the I get theirs first. Not seen that update so thank you, will check it out. 

Hertsinaction

I think I have more writing to do! Excellent reading.

Hertsinaction

I have now posted my witness statement  and exhibits to the court and claimant and had to by 6/6. The claimant was also instructed to send me their evidence by the same date which they have failed to do. Should I inform the court or just wait. Due at court in August. Thank you. 

Le_Kirk

You could raise it as a preliminary matter at the hearing and say you were prejudiced because a professional outfit failed to adhere to a court order whilst you (a litigant in person) did.  Many judges (going from reports on the forum) don't seem to think it is an issue that solicitors and other professional companies can blithely ignore court orders and file and serve late!

Hertsinaction

thank you. Was wondering whether I could raise as an abuse of process at hearing and also write to court as an add on to my evidence to further show they ignore not only me but the court also.

Coupon-mad

Yes, I would raise it as the first thing that gets said at the hearing, if it happens.  Most PPCs discontinue if they miss the WS deadline.