Some help with defence statement

Island_blue

Thank you both, that’s really useful. I have looked for that information but didn’t find it, no idea why but brilliant that you sent it to me like that Keith P. Also Coupon-mad, thanks for clearing up the CP plus thing. It’s been three months nearly since I filed my defence so I must have lost my way around a bit again.

So it’s ok not to physically sign, but instead to digitally sign and about the witness thing (my question 2), shall I just go to court on my own without my husband as witness, would that be ok? They know it wasn’t me now. 

Thanks again, I don’t know how you guys manage to look after so many confused newbies. Very grateful. 

Island_blue

Ok, incase it helps anyone else searching for help on how to send the N180, I eventually found the link to download it on the Newbies 2022 defence statement page kindly sent as a screenshot by Keith P and which I spent a very long time trying to find. I eventually gave up trying to get there from the newbies sticky and googled it .. the direct link is there then that I couldn’t seem to find from the search box or any other way on this site. Then bookmark it which I wish I had done originally.

I found the link and downloaded the form from the government site hoping to be able to fill it out online but you can’t. You have to print and fill it out, sign and scan it to attach on an email. 

I already have this form through the post but the deadline is tomorrow so too late to post. I had made a bit of a mess of the dates when I would be away on the original form, thinking I wouldn’t need to use it, so I thought I’d print out the online form but it has an extra box from the one I was sent asking if I would give permission to the judge to make the decision without a hearing. This is not an option in the form I have through the post so as I don’t know how to answer that question, I will have to scan and send my original slightly messy form.

If any of the people helping me an answer as to why there’s an extra section on this downloadable form and whether that would be a good idea to agree to let the judge determine the outcome without a hearing, please let me know ASAP. It said there would be a new form in June 2022 but this wasn’t it .. there was a sample one of the new one, this was the original one still in use.

Thank you..

KeithP

The N180 form was updated earlier this month.

Disappointing to see that one cannot fill in the form online and then print and sign it. That was possible before. Such is progress.

Island_blue

Thank you, yes, strange. If I used the new one, would you recommend filling out the “suitability for determination without a hearing” with a yes or a no? 

Island_blue

 No worries about answering now, I sent the original scanned form without that extra question so hopefully it’ll be accepted in this PDF scan format by both companies. 

Coupon-mad

I was going to start a new thread about the new N180 because obviously the answer to that new question is a big fat 'NO'.

This is covered in the telephone hearings thread, which I think is still linked in the NEWBIES thread.

It is also in bargepole's Court Procedures thread (where he says NEVER to agree to a hearing on the papers unless you want to lose!) which is definitely in the NEWBIES thread.

Having said that, some courts are doing a pilot from this month, where they are no longer giving people a choice.

That will stuff a lot of people who are litigants in person up against PPC roboclaim 'legals' and is one of the most stupid pilot ideas I've seen from the county court in ages. They already appear to favour Claimants over  Defendants and this confirms it.  How they think this is fair in parking cases is beyond me. Clearly it isn't.

Island_blue

Thank you, I sensed at this stage it was another trip up hurdle, a similar situation to mediation but with no choice in the outcome. I guess it saves them a lot of money and time with the large proportion of people who will crumble at that stage with the promise of not having to stand in a courtroom and imagining a kindly judge throwing the case out of court! Depressing to hear they are tending to favour the claimants. This whole process is obviously laborious and worrying for most people, not what they want to be doing, so I can totally see how a seeming get out clause at the last minute will be very tempting to many people.

Coupon-mad

Don't worry. Judges don't favour parking claimants.

The process favours claimants.  We've seen them cut all sorts of slack.

Island_blue

Hi, I have had my Notice of allocation to court and have until 5th October to send my WS and evidence to the Court and claimant. My question is this:

1.Can I email it to the court and the claimant? There is no email address but I could find one I’m sure.

2. It mentions I should check if I can “issue the claim online” at moneyclaim.org .. is this possible?

3. If emailing it, do I need to print it out, sign it and then scan it back in and send as a PDF?

4. I read all the newbies posts again and I wanted to check that the info posted 20th Nov 20 by Coupon mad is the latest? It suggest adding several examples with links and I thought I’d better check.

5. I’m not the driver, I’m the keeper and I admitted that, shall I just give the evidence (I took some photos) and describe it from my husband’s point of view?

6. The claimants solicitor emailed me suggesting half the sum already to settle. I’m guessing this isn’t something you’d recommend even though we were in the wrong parking at night in a motorway services and sleeping past the free period?


Thanks very much.

Le_Kirk

Who is the named defendant?  You or your husband?  Your witness statement has to provide evidence and also to back up what the defendant said in the defence, therefore if it was you as keeper, you provide a narrative of what happened on the day (and subsequently) that backs up the defence and from the defendant's poiint of view.  What did you say in your defence about following the Government's advice and not "Driving Tired" and "Take a Break"?  This is what needs backing up.  Do you have photos of the non-signage or difficult to read signage due to darkness at the MSA that said you cannot park there without paying extra?
You can file it by e-mail to the court (e-mail address will be (or should be) on the paperwork received from the court (or ask Auntie Google) serve on the claimant by adding their e-mail address into the same e-mail that you send to the court.  That way the clamant cannot use the tired old excuse that they didn't receive it. The latest witness statements as examples of style and format (NOT content) are those by @aphex007 @Daiapolon2021 and @anged.
Not sure what you mean by question 2.  What exactly did it say and where did you read it?