Letter of Claim from NCP Advice

Coupon-mad

We have missed the deadline to provide evidence for ourselves. 

That's a massive problem. Sort that out tonight and email a WS bundle first thing tomorrow. Easy!

Will we be able to expand on points made in the defence on the day of the hearing?

Without a WS you snd the Defendant might not even be allowed to speak.  This is huge.  The D is ONLY a witness if they file & serve a WS.

A pedantic Judge could actually ban you both from being heard if you don't address this NOW.  I assume you are attending too, as a lay rep, to speak for the Defendant (who MUST attend with you)?

Does not providing evidence impact the case negatively, do we have a chance of winning this case from here?

Hugely. This is serious & the D must sort it.

You currently have no evidence in the case.

Of course - luckily - late WS are never normally a problem as long as you promptly sort this out.   And luckily it's a cinch once you open a Word doc and start, because you literally copy one of the 5 exemplar WS in the NEWBIES thread & adapt it to suit.

Takes an hour or maybe two, max.  Really easy.

There's even an a-f list of suggested exhibits in the WS section of the NEWBIES thread too.

No link. NEWBIES thread 2nd post. WS stage.

Moneymike

Thanks will work on the WS tonight and submit it in the morning. Where would I add the difficulty faced by BW Legal in trying to resolve this case without the court? I have emails where I tracked receipts.  

Coupon-mad

You'll see...!

Moneymike

I have now completed my WS and I have sent it to the civil.romford.countycourt@justice.gov.uk which is where my case is being heard and I also sent to ccbcaq@justice.gov.uk. Is this the right and do I need to send it to BW legal as well who is acting on behalf of national car parks? It does says on the notice of allocation that the judge may refuse to hear the evidence or consider any statement of any witness if it has not been copied to the other party and the court.

Fruitcake

You need to send the WS to both parties as instructed by the court. Surely the warning that the judge may refuse to hear your evidence if you don't is a bit of a clue as to what you should do?
You didn't need to send it to the CCBC, but no harm done. 

Coupon-mad

You must send it to BW Legal & local court.

Moneymike

Coupon-mad said:

You must send it to BW Legal & local court.

Yes, thank this was done. I have also subsequently received this afternoon the Claimant’s Supplementary Skeleton Argument (BW legal) due to the late WS. 

BW Legal

"We refer to the above matter.
 
We enclose the Claimant's Supplementary Skeleton Argument dated 08 February 2024 which will be relied upon at the forthcoming hearing.
A copy of the same has also been served on the Defendant. "

Please see the supplementary skeleton argument

All advice would be welcome the claimant is saying that I have added points this is something I omitted checking on due to the time constraints but I thought the WS was pretty standard I took out points that did not apply to our case.

 

Debszzzz2

In the Day appeal, the judge does contradict the decision he made in the Chan appeal regarding the PoC. However, his appeal decision was not made based on the PoC but whether the Appellant (Defendant) was liable as the "driver" and thus PoFA had no bearing because the Appellant had already admitted to being the driver in the Defence.

I'm not sure if the fact that Chan supersedes the earlier decision in Day, has any bearing.

Coupon-mad

Yep in Chan the point about inadequate POC was the only subject of the appeal and the court was assisted in forensic detail by a barrister appearing for Mr Chan.  Every aspect of the applicable law and CPR was explored and HHJ Murch was persuaded.

The fact that in Day (an earlier case where the appeal was ill-founded and all about the POFA 2012) HHJ Murch had had no more than a cursory look at the POC and thought that it scraped through, is irrelevant because Chan is all about the POC and nothing else.

Anyway, if it is an in-person hearing you do know that your Mother has to attend as well as you if you wish to speak for her as a lay rep?

You've printed out a copy of this to take into the hearing (along with printed copies of ALL submissions from both sides) in case they try to deny you the right to speak?

https://www.legislation.gov.uk/uksi/1999/1225/made/data.pdf

Tell the usher when you sign in.

DO NOT accept merely being a McKenzie Friend (a silent helper who cannot speak).

Moneymike

Thanks for the advice: So can I do all the talking on the day if I say I am the lay rep?

Do I need to prepare myself for the Claimant’s Supplementary Skeleton Argument that was added? And does my case still have a good chance of winning?