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2 X CCBC Claims from UKPC via DCB Legal

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  • Jenni_D
    Jenni_D Posts: 5,432 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Le_Kirk said:
    The only reason they want to know the number of witnesses is so they can allocate a room sized for that number of attendants.  You are not a witness and only put 1 if the landlord is attending.
    Sorry but I don't think that's right ... the defendant IS a witness (and probably the only genuine witness that will attend the hearing); if nobody else is attending then the answer is 1. (Hopefully someone more clued up will confirm or otherwise). :)

    Jenni x
  • Castle
    Castle Posts: 4,831 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Under D3 of the DQ it should say:-
    How many witnesses, including yourself, will give evidence on your behalf at the hearing?


  • Le_Kirk
    Le_Kirk Posts: 24,648 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Jenni_D said:
    Le_Kirk said:
    The only reason they want to know the number of witnesses is so they can allocate a room sized for that number of attendants.  You are not a witness and only put 1 if the landlord is attending.
    Sorry but I don't think that's right ... the defendant IS a witness (and probably the only genuine witness that will attend the hearing); if nobody else is attending then the answer is 1. (Hopefully someone more clued up will confirm or otherwise). :)
    I will stand to be corrected.  However, the main point is they only want to know so they can allocate the right size room so if you put two and only one turns up, there would not be an issue.  The OP is the defendant and they know he/she will turn up and does not need to be counted again as a witness.  HOWEVER, @bargepole is a lawyerly type and I would follow his advice and I will crawl back under my rock!
  • atothep
    atothep Posts: 40 Forumite
    10 Posts Name Dropper
    Castle said:
    Under D3 of the DQ it should say:-
    How many witnesses, including yourself, will give evidence on your behalf at the hearing?


    This is correct. My landlord will be supplying evidence on my behalf in written format. However, judging from the replies here, it appears that it is only relevant to include them if they are attending in person. I appreciate the clarification. 

    One final question, Is it acceptable to digitally type in my name in the signed box before returning the form (as DCB legal have done) or do I need to print, sign, scan so they have my actual signature? Appreciate the help.
  • Not_A_Hope
    Not_A_Hope Posts: 840 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Best option might be to sign a piece of white paper and take a photo of it which you can add to the end of your defence. Then save the document as a PDF before sending via email. 
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is correct. My landlord will be supplying evidence on my behalf in written format. However, judging from the replies here, it appears that it is only relevant to include them if they are attending in person. I appreciate the clarification. 
    I disagree. As long as the WS is signed under a Statement of Truth, and you have some verification as to the landlord's standing, I can see no reason why his non attendance invalidates his evidence. After all, a PPC almost never attends a hearing, yet their evidence (often delivered by a third party advocate) is never questioned. 

    I think perhaps the advice has been misunderstood. 
    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
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, include it anyway, to support your case.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • atothep
    atothep Posts: 40 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    This is correct. My landlord will be supplying evidence on my behalf in written format. However, judging from the replies here, it appears that it is only relevant to include them if they are attending in person. I appreciate the clarification. 
    I disagree. As long as the WS is signed under a Statement of Truth, and you have some verification as to the landlord's standing, I can see no reason why his non attendance invalidates his evidence. After all, a PPC almost never attends a hearing, yet their evidence (often delivered by a third party advocate) is never questioned. 

    I think perhaps the advice has been misunderstood. 
    Apologies, but I think it's my wording that's been misunderstood. I was under no impression that his evidence would be invalidated. I was referring to whether or not I had to 'include them' in the box on the N180 form as a witness. 
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, you don't.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • atothep
    atothep Posts: 40 Forumite
    10 Posts Name Dropper
    I submitted my N180 forms to the CCBCAQ email address back at the start of April but have heard nothing back since. Is that fairly normal? I received an automated email response acknowledging that my email had been received but I wasn't sure what kind of timescale I should be expecting in terms of a court date etc?
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