County Court claim - Minster Baywatch

Mouse007

SJRRJS said:

Looks like they have until the end of January to submit their documents for the hearing, and I have until the second week of Feb.

That's good news, you can tear their Witness Statement (which will be an irrelevant template) apart in yours.

Documents-wise am I correct in thinking that I need to re-submit my defence as well as a witness statement?

No, just your Witness Statement. Start thinking about what you would say in telling your story. Apply some arguements and the finish by slating the Claimants rubbish.

Coupon-mad

Latest good example if a WS bundle was in 2022 by @aphex007 - copy and adapt it.

You don't resubmit the defence.

SJRRJS

Thanks both.

I'll start drafting mine and wait and see what their witness statement says before completing it.

I have read through the court letters and as much as I can on here, look like the only actions on me are to provide a contact number and email address to the court and claimant, then submit the witness statement before the deadline.

KeithP

SJRRJS said:

I have read through the court letters and as much as I can on here, look like the only actions on me are to provide a contact number and email address to the court and claimant, then submit the witness statement before the deadline.

Not forgetting to file and serve your evidence too.

Umkomaas

SJRRJS said:

I have a court date at my local County Court in May. Getting a bit nervous about this now! 

Looks like they have until the end of January to submit their documents for the hearing, and I have until the second week of Feb.

Documents-wise am I correct in thinking that I need to re-submit my defence as well as a witness statement?

Ordinarily both parties have identical deadline dates. Just to be safe, please double-check them to make sure you don't inadvertently slip up at this stage and miss your deadline. 

Mouse007

Umkomaas said:

Ordinarily both parties have identical deadline dates. Just to be safe, please double-check them to make sure you don't inadvertently slip up at this stage and miss your deadline. 

I had the two week gap and have noticed a few (but not all) others on here have had too. Perhaps some Judges are now looking to give the Defendant an advantage? The other day we saw a Judge order the Claimant to respond to the Defence or the case will be struck out. Perhaps that Judge is getting fed up with all these PCN cases clogging his Court.

Le_Kirk

We can but hope!

SJRRJS

Afternoon all, I am nearing my Witness Statement due date of Feb 10th so would be really grateful for any advice on what I have so far. (I have a redacted version of the Claimants statement too, shall I upload that as well?).

Should I state the reason for my visit other than for a walk? Visiting the place was actually one of the first "normal" things I did following the loss of my daughter so was an attempt to clear my head. Is that even relevant? (I don't want to be accused of using what is still a painful situation as a sob story/sympathy vote).

Everything highlighted yellow in the statement are parts I am not sure about, as I don't what to blindly copy things - but do those bits go in every defense? 

(Also the dates and page numbers are not right but will be corrected when I have finished).

Thank you again for the help

WS: https://www.dropbox.com/s/zxaxu97r5izuz9w/Claim v1.pdf?dl=0

Not_A_Hope

In para 14 you should perhaps mention the Supreme Court case was Parking Eye vs Beavis. Don’t assume a judge will be familiar with what you are trying to refer to.

You refer to banned costs in paras 28, 29 and 34. They are not yet banned as such but you can state that the intention is to ban them in the new code of practice.

Is there a reason you have deleted paras 41 and 42 which would allow the judge to consider awarding you your fixed costs?

I would not include the very busy exhibit EX08 (which I understand is from the claimants WS) that includes a spider web of lines indicating signage. I don’t think introducing their evidence in that format helps your case. Perhaps you could counter with your own aerial view showing where you parked and walked in relation to the nearest sign that actually included terms and conditions that you did not see.

1505grandad

What was the parking date  -  you are exhibiting BPA CoP dated 2015 but your WS states:-

"3. I drove to Crickley Hill to stop for a walk on a journey home, on the xxthxxx 2022."