Court Witness Statement BW legal for PPS Parking ticket expired

k993257

Dear all, I am in the deep end, I have read the Newbies posts but beyond that now.  I didn't put together a very good defence, nor did I appeal, or ask for costs if I won.  So the Q is, can I now write a statement that includes info that I didn't put into my defence? And can I now ask for costs seeing how much time it is taking up to prepare for court even though I didn't originally ask for them? Not feeling very hopeful of a win, but might as well see it til the end now!  Any advice will be greatly recieved, many thanks

Umkomaas

Have you received a court claim via the Northampton CCBC?  If so, have you been required to submit a Directions Questionnaire?  Have you been invited to submit a Witness Statement and Evidence?

What was the Date of Issue shown on the court claim form?  Did you Acknowledge Service, and if you did, on what date?

k993257

Yes I have done all that and I am now at the witness statement stage. Yes I acknowledged service within time.

Jenni_D

What exactly did you put as your defence? (It's hard for anyone to office advise if we don't know what we're trying to recover from).

k993257

Sorry, trying to not make it too case specific/personal.  I made the mistake of doing what it says not to do in the Newbies (hadn't read it at the time) and just shoved my defence statement in quickly!
1) The driver had a valid ticket and they can basically make the time and date on their camera say anything.
2) The ticket had expired but they did not have a reasonable grace period.  Ticket ran out at 16:34, ticket issued at 16:45!
3) the ticket was years ago (2016) I can't even remember who was driving and should they keep my details for that long.

I am sure there are many other reasons I could give, but as I did not put them in my defence I don't know if I can use them. 

I did not complete Section 4 of the N9B, so I don't know if it is now too late? As I will have spent so much time on this before it even gets to court.  I only have until Friday to write my WS which doesn't seem very long at all!

Many thanks

Jenni_D

3) They have 6 years within which to bring a claim for any alleged contractual debt, so yes - they can keep your details. When exactly was the alleged breach of contract (PCN)? (Just in case it is now statute-barred).

k993257

14/02/2016

Jenni_D

What was the date on the claim form, and when did you file your defence?

k993257

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

KeithP

k993257 said:

09/02/2021

12/02/2021

Do you know if I can put more on my statement than I wrote on my defense.  I might just have to as I have to do something tonight, can't not submit anything!

Yes you probably can file another Defence. 
Simply asking for permission to file a new Defence costs £108.
Not sure that permission has to be granted though.

Why have you rushed all this and then asked questions afterwards?

k993257

Thanks for the info, probably not worth the gamble.

Simply a lack of time, I am sure I will loose but no point pondering on that now.  I just have to spend my time putting the best WS together I can in the time. Thanks