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Got a hearing next week, forgot to submit witness statement and evidence - Hearing Lost

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Comments

  • Coupon-mad
    Coupon-mad Posts: 162,137 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 July 2022 at 5:57PM
    Can I use the late arrival of their WS to justify submitting supplements to my own (even if I did it tomorrow rather than last week when I received it?)
    Don't do that!  DO NOT RESPOND NOW.

    This is an important preliminary matter to raise.

    Start by objecting to the late service of their WS and ask the Judge to strike it out.  Say that no application was made for 'relief from sanctions' for this late WS, so why should a legally-represented parking firm play fast and loose with the clear deadlines in a court Order, that they are more than familiar are binding?  You managed it...!
    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
  • plasterboard
    plasterboard Posts: 16 Forumite
    10 Posts
    edited 25 July 2022 at 6:07PM
    Can I use the late arrival of their WS to justify submitting supplements to my own (even if I did it tomorrow rather than last week when I received it?)
    Don't do that!  DO NOT RESPOND NOW.

    This is an important preliminary matter to raise.

    Start by objecting to the late service of their WS and ask the Judge to strike it out.  Say that no application was made for 'relief from sanctions' for this late WS, so why should a legally-represented parking firm play fast and loose with the clear deadlines in a court Order, that they are more than familiar are binding?  You managed it...!

    OK great I'll do that (although with respect to your last line I didn't manage it either, I was also late!)

    I did mention in my WS that I was yet to receive theirs at time of writing (7 days prior to hearing)
  • Just had my hearing and got rinsed. Have to pay the full fine plus their costs.

    Judge threw out the argument that their sign contained no offer and therefore no contract, and disregarded the fact that I never received a reply to their appeal. Nothing came of my late receipt of their bundle.

    Did sound like I'd have got out of some/all of if I'd never admitted to being the driver (which I did on my appeal before I found this forum).

    I thought for a while it was going well, I was coming across more prepared than the claimant and the judge was going after them on terms but I guess he was just being thorough (we were in there over an hour an a half).

    Only thing I could've done differently was sum up, which I declined to do. Nothing left but to try and be zen about the whole thing (and throw all those papers in the bin finally, haha)

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    There is no fine to pay
  • Charge... fine... I don't really care about the distinction at this stage.

    Regardless I'd like to thank everyone on here who gave their time to put all these resources together and who continue to assist everyone who comes for help. It's truly selfless and a huge support to those who need it
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