PCM - High Point Village/Hayes and Harlington Train Station PCN

Le_Kirk

Two things
1) follow the advice given above by @Coupon-mad
2) be careful when writing your defence that you don't give away the driver (unless defending as driver) and don't do the claimant's job for them by talking about signage when you don't know what they are claiming the driver did wrong!

ANON_MR_X

Coupon-mad said:

Assuming?  I had already advised this:

"... just read the second post of the NEWBIES thread and do the AOS first, then use the Template Defence (the version for cases where the breach isn't pleaded)."

 So you did. Thanks for clarifying. Confusion on my part due to me having a lot of information to process so my bad.

Le_Kirk said:

Two things
1) follow the advice given above by @Coupon-mad
2) be careful when writing your defence that you don't give away the driver (unless defending as driver) and don't do the claimant's job for them by talking about signage when you don't know what they are claiming the driver did wrong!

Thanks for your comment. I have revised my defence with this in mind. My defence is now as follows: 

5. The Defendant was not aware of any restrictions that applied at High Point Village. Due to the age of the alleged breach of contract which is nearly 3 years old the Defendant is unable to recall the exact reason for the PCN(s). 

Coupon-mad

Yes that'll do!

ANON_MR_X

Thanks for your comment. I have revised my defence with this in mind. My defence is now as follows: 

5. The Defendant was not aware of any restrictions that applied at High Point Village. Due to the age of the alleged breach of contract which is nearly 3 years old the Defendant is unable to recall the exact reason for the PCN(s). 

Hi All. I have received a 'Notice of Allocation to the Small Claims Track (Hearing)' Letter from The County Court. It states the Claimant (PCM) has until a given date to pay the court the trial fee.

Anyhow, I need to submit copies of all documents I intend to rely on at the hearing by a deadline which is soon. I have quoted the defence I submitted. My understanding is I need to submit a witness statement to accompany this defence by the deadline?    

Coupon-mad

Yes but this is fully expected and this stage is covered already in the NEWBIES thread. 

  

ANON_MR_X

Thanks - I've read the NEWBIES thread again and I'm trying to get my head around it.

I'm starting to write my Witness Statement and will include the following:
-  ask the judge to strike the claim out due to Chan & Akande (Inadequate Particulars of Claim)

- mention no observation time (Facts and Sequence of Events)  

Just to confirm, as per Le_Kirk's earlier post as quoted below, I won't mention anything to do with signage.

Is this all I need to mention? Apologies if I'm asking questions already covered.
 


Le_Kirk said:

Two things
1) follow the advice given above by @Coupon-mad
2) be careful when writing your defence that you don't give away the driver (unless defending as driver) and don't do the claimant's job for them by talking about signage when you don't know what they are claiming the driver did wrong!

Coupon-mad

The added fake DRA fees need rebutting too. And the NEWBIES thread has an a-j list of exhibits.

Le_Kirk

Your witness statement backs up and supports what you wrote in your defence, so if you didn't mention signage in the defence (as you didn't see it as you were not the driver) you cannot or don't need to mention it in witness statement.

ANON_MR_X

Le_Kirk said:

Your witness statement backs up and supports what you wrote in your defence, so if you didn't mention signage in the defence (as you didn't see it as you were not the driver) you cannot or don't need to mention it in witness statement.

Thank you. And apologies. I think I've messed up big time. When compiling the defence at the end of last year, I admitted to being the driver in my defence. I think I misunderstood/misinterpreted some text in the newbies thread as to state I was the driver if I really was. Have I messed up?

Coupon-mad

No. Nothing wrong with defending as driver.