Please help me with my defence

KeithP

I've just read your Witness Statement and without looking back through the thread I cannot see what you have been accused of doing wrong.

You state:
1) you didn't park on double yellow lines,
2) in para 9 you mention another sign, what does it say?

monkeychompy

The offence is "Not parked correctly within the markings of the bay or space".
The sign says (amongst other things) "no roadway parking" which I guess is what I did.

monkeychompy

Coupon-mad said:

But this is explained in aphex007's thread.  His bundle includes a costs assessment and exhibits.

I presumed you'd been directed to look at that example?  That's what you copy from.

Thank you. I will look back through that thread for the costs info.

Umkomaas

What the best thing to do? Should I wait a few more days in the hope that it gets discontinued? Or try to finalise my WS ready for the 20th Jan deadline without any of their documentation?

There's no benefit to you in prematurely submitting this. Leave it closer the deadline (but do not miss it) in the expectation you will receive the UKPC WS and have the opportunity to rip it. Act in haste .....

Coupon-mad

i agree.  Don't send this early!

monkeychompy

Ok I have added a couple of 'costs' paragraphs based on aphex007's thread. Does this sound right?

Defendant Costs

18. As a litigant-in-person I have had to spend a considerable time researching online, processing and preparing my defence plus this witness statement. I ask for my fixed witness costs. I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.

19. The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings)... are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding £95 per day for each person.'

Coupon-mad

Yep, that's what we mean. We advise taking to the hearing, a wage slip or other proof of loss of salary or leave for attending.

monkeychompy

I submitted the WS yesterday, a day before it was due, just to make sure.
This morning the claimants witness statement arrived in the post, well after I was supposed to receive it (6 January deadline). It's dated 19th January.
It's about 40 pages total, 8 pages of text. They've added more charges at the end so the amount they want now reads:

£100 PCN
£70 extra admin costs 
£12 litigation trace fee
£35 claim fee
£50 fixed legal costs
£27 hearing fee
(total £294)


Not sure what I can/should do next, if anything. Do I just wait for the hearing in a few months time?

Le_Kirk

You raise this at the hearing before the judge starts the process, you ask for it not to be allowed to stand and if the judge says no (as they tend to give claimants more leeway than defendants) you ask about the difference in amounts being claimed unless it is the hearing fee.  If the claimant cannot be trusted to put the same amount in the particulars of claim and the WS, how can the court believe anything else in the WS?

Coupon-mad

I think you should (NOW) email the court and ask that this email be placed with the file to draw attention to the Claimant's failure to comply with the Order deadline, which has disadvantaged the Defendant.

The Claimant served and dated their bundle two weeks late, having been ordered to file their witness statement and evidence by 6th January.  That date came and went.  Silence from the Claimant.

It was dated and posted so late, that it arrived after the Defendant had met the Order deadline they had (20th January).

Clearly the court Order intended that the Defendant should see the Claimant's evidence first and be able to respond in their bundle two weeks later.

That did not happen and instead a letter packet with paperwork two inches thick has just arrived which the Defendant now has no opportunity (until the hearing) to point out the errors, omissions and misstated 'facts'.

The Defendant wishes the hearing Judge to be aware of what appears to be sharp practice and a disregard for court Orders and deadlines.