CCJ Set Aside Hearing due – claimant One Parking Solution via DCB Legal Ltd

Jenni_D

I think it is recommended to include everything (including WS + evidence) when submitting a defence against the original claim in a post-set-aside scenario.

I know the order only mentions a defence, but we've found before that there's not usually a further opportunity to submit the WS + evidence in this situation ... it is not like a normal claim process flow.

mike58

Cool. Thanks for the advice Jenni_D.

My Defence is ready to go and I will put the whole bundle together.

Le_Kirk

Remembering that your original witness statement that went with the set-aside application was about the set-aside and now you are defending and producing a witness statement for the underlying claim, so @Jenni_D's comment is right and proper.

mike58

Very timely Le_Kirk - thank you. My job then is to

1. edit out the Set-aside aspects in my WS and refer to my separate Defence rather than giving a defence summary
   
2. keep and update the evidence exhibits in the WS to match the separate Defence
3. Question: The separate Defence has no exhibits of evidence and no reference to exhibits of evidence - should I now put in the Defence references to each item of evidence in the WS? For example, where I say "I informed DVLA of change of address" in the Defence, do I add [see WS Exhibit 04].
   

Jenni_D

No. Defence = the points of law etc. that defend the underlying claim. WS + evidence support the defence, so it is in the WS where you say "I informed DVLA of change of address" and then reference the exhibit (evidence) which proves this.

(Remember that the defence is all in the 3rd person ... the Defendant this, the Defendant that, the Claimant the other etc. ... no me, myself or I)

Fruitcake

With regards to the dodgy photo, it you no longer have the permit, use an old tax disc, or cut a piece of paper from a document or magazine, then place it as close to the position where the permit was placed, then see if you can take photos where the text can be read.
Then include that as an exhibit in your WS with the comment about how the parking attendant deliberately tried to manipulate the evidence.
You could also make reference to UKPC when they doctored timestamps on their images to make it look like people were staying longer than they really had.

mike58

Thanks again for the clarification Jenni_D. That's what I'll do.

Thanks too Fruitcake - I thought about how to get such photos but unfortunately long since sold the car. I'm even looking around town for something similar in a parked car but to no avail just yet.

ParkingMad

Here are a couple of examples

mike58

Thanks ParkingMad - any idea of the diameter? I'll have a go in the daylight tomorrow.

ParkingMad

I would guess the same size as a tax disc which was 7.5cm in diameter.