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Thought I had a defence lined up, now doubting myself

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Comments

  • Umkomaas
    Umkomaas Posts: 43,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They have the same deadline as you. Most work to that deadline, usually arriving on that day. Some submit a couple of days later, but judges don't seem overly bothered - they seem to be more lenient towards the Claimant than the Defendant, so make sure your WS is in on time, even if you've not received the Claimant's by the due date. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • That's interesting, mine has been submitted, we're now fewer than 14 days to the hearing date.

    Will it be emailed to me or arrive by post?

    What happens if they don't submit anything?

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MildPanic said:
    Will it be emailed to me or arrive by post?
    Yes it will.
  • Jenni_D
    Jenni_D Posts: 5,477 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 13 October 2022 at 4:11PM
    MildPanic said:

    What happens if they don't submit anything?

    Then you raise this as a preliminary matter at the hearing, or perhaps email the court beforehand, and advise them that the Claimant hasn't served their WS on the Defendant, thus you request that the court strikes out their WS. As they would have no evidence to support their claim then the claim itself should be struck out and a costs award for unreasonable conduct should be considered. (Make sure you file and serve a costs schedule - if you haven't already)
    Jenni x
  • Thanks @Jenni_D, I'm not going to count my chickens yet as we've still a few days to go.

    I haven't filed a costs schedule.  If I don't receive their WS in the coming days, can I file a costs schedule so close to the hearing?
  • Umkomaas
    Umkomaas Posts: 43,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I haven't filed a costs schedule.  If I don't receive their WS in the coming days, can I file a costs schedule so close to the hearing?
    It should have been with your WS. No damage done, but I'd get it off right now with copy to the Claimant, which might spur them into getting theirs sorted. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • MildPanic
    MildPanic Posts: 25 Forumite
    10 Posts Name Dropper
    edited 17 December 2022 at 2:33PM
    So, after numerous hearing cancellations, I finally had my day in court and lost.

    The judge awarded them their costs but reduced the interest rate they had requested which brought down my final judgement amount.

    However, I have gone online to pay and the amount they are stating I owe is more than what they took me to court for.

    You cannot speak to a human being as their phone system is completely automated.

    I feel at a complete loss with this company and I refuse to pay what they are stating I owe because the judgement issued against me is lower.

    What the hell do I do now?!

    Pay the amount they're asking for and take them to court for what they owe me?
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    MildPanic said:
    So, after numerous hearing cancellations, I finally had my day in court and lost.

    The judge awarded them their costs but reduced the interest rate they had requested which brought down my final judgement amount.

    However, I have gone online to pay and the amount they are stating I owe is more than what they took me to court for.

    You cannot speak to a human being as their phone system is completely automated.

    I feel at a complete loss with this company and I refuse to pay what they are stating I owe because the judgement issued against me is lower.

    What the hell do I do now?!

    Pay the amount they're asking for and take them to court for what they owe me?
    On what grounds did you lose?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Bad luck - sounds like a bad Judge.

    Given your car broke down and limped into the area close to your work, I'm not sure how the Judge decided that you intended to accept a contract by conduct?

    Also no idea why any Judges are allowing the false 'DRA fee' that gives parking firms a more generous level of legal fees than the CPR cap intends.  It is clearly abusive.

    What sum is shown for you to pay online, and what sum was ordered by this Judge?

    Which court was this bad Judge at, please?


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