Napier Court Claim Form

agent17

Fruitcake said:

Yes, mention both Henderson v Henderson and cause of action estoppel. I suggest you also pick a different court in the hope you get a different judge.

You mean I put this in my defence? There appears to be no point writing to BW as they have no intention of not pursuing judging by the last one...

Coupon-mad

You'll see the Template Defence already covers the judgment by HHJ Saffman.

Taiko

Slight aside, but seems DDJ Dack has a hearing for another case, OPS today via Teams at 10:30am. Anyone had any joy on observing these remotely since the open justice directions came in? 

Coupon-mad

Not recently - and you have to ask for permission in advance. 

agent17

Coupon-mad said:

You'll see the Template Defence already covers the judgment by HHJ Saffman.

I used the defence template and I cannot see it anywhere in what I sent? Please point me in direction of defence template you are referring to.

Le_Kirk

I believe it is VCS v Percy that is referred to in the template defence, although it does not mention Saffman or Dack by name.  You will have used the older standard defence template as it was updated in March 2022 and, going back through this thread your defence was submitted before then - January this year.

Taiko

Coupon-mad said:

Not recently - and you have to ask for permission in advance. 

Yeah, it's a bit of a nightmare trying to get them, as often listing aren't appearing online until the day before. Unless there's a better place to get them? 

Coupon-mad

No, sadly not.

agent17

Le_Kirk said:

I believe it is VCS v Percy that is referred to in the template defence, although it does not mention Saffman or Dack by name.  You will have used the older standard defence template as it was updated in March 2022 and, going back through this thread your defence was submitted before then - January this year.

Ok, I've had a quick look, can see a couple of differences, doubt it would have made any difference to Dack...

Oh and one thing that confused me during this process, I submitted a defence and then I submitted a witness statement. Seem like one and the same thing to me, did I miss something?

Le_Kirk

A defence is a series of short punchy legal/technical arguments in the third person.  The arguments should be used to refute what is claimed in the POC.  and should set the scene for the judge and explain that you deny not paying/overstaying/not displaying/not having a permit/not having a blue badge (or whatever the POC states) and, provided you have opened the door with those arguments, you can tell the whole story in the narrative that forms the witness statement along with the evidence that backs up the defence.  

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.