UKPC QDR Solicitors County Court Claim

tjfruits

Where would be best to refence the CEL v chan transcript in the statement? Should I add an additional para referencing a lack of specific breach mentioned in the claim form?

Also should I submit my WS now or wait for the 14 day deadline? 

Currently T-23 days from court 

KeithP

tjfruits said:

Also should I submit my WS now or wait for the 14 day deadline? 

Currently T-23 days from court 

You and the Claimant both have the same deadline for filing a Witness Statement and evidence.

It might be wise to leave your filing to the last possible moment in the hope of seeing the Claimant's submission and being able to pull it apart in your WS.

Of course the Claimant will be thinking similarly, so leave the filing and serving of your stuff as late as possible without missing the deadline. 

Coupon-mad

tjfruits said:

Where would be best to refence the CEL v chan transcript in the statement? Should I add an additional para referencing a lack of specific breach mentioned in the claim form?

Also should I submit my WS now or wait for the 14 day deadline? 

Currently T-23 days from court  

Look at the final WS draft by @_blueberry_ who won their case today and got £500 in costs.

Also learn from what their Judge said was useful in their Exhibits. 

Finally if any of the paragraphs in this WS were already in your defence (which they were, if you used the Template Defence) remove the repetition by deleting chunks you don't need to say twice.

Le_Kirk

tjfruits said:

Where would be best to refence the CEL v Chan transcript in the statement? Should I add an additional para referencing a lack of specific breach mentioned in the claim form?

Right at the beginning as a "preliminary matter" and, if you follow the advice given above by @Coupon-mad and read the @_blueberry_ WS, you will see exactly where to place it.  There are two threads and it is the "missed letter before....."

tjfruits

I’ve received UKPCs witness statement. I’ll post a link in here once I’ve scanned it in

tjfruits

https://www.dropbox.com/scl/fi/1pp7yh19c76rgt4j5uh5f/2023-11-07-17-44.pdf?rlkey=ipy3u3pephi360rkl4baaqz98&dl=0

tjfruits

Any help would be appreciated 

Coupon-mad

What do you need to know, please? Going through your Claimant's template WS is for you to do, normally.

We've seen it all before but you are the only one who knows the site and circumstances and can pick out any errors or omissions.  

We can't.

Look at the thread by @baz417 as to how he did it in his case, pulling apart their WS.

tjfruits

The claimants defence regarding the DLUHC code of practice being withdrawn in June 22, surely this doesn't apply as the PCN was dated May 21?

Also is the below a valid point to make: 
31. In paragraph 27, the claimant claims to be administering tickets with a primary purpose of deterring motorists from misusing the site. In KO1 page 1-3 the Claimant has provided a copy of their contract with the landowner. In this contract the payment terms are laid out as followed: ‘We will pay you a commission equal to 10% of our net profit”. This alone suggests that the primary aim of the model is to profit from the ticketing of motorist, rather than to actively try and deter misuse of the site.

tjfruits

Another question regarding costs, in blueberrys WS were they managed to claim £500 in costs:

 

1.       In the matter of costs, the Defendant asks:

(a) The previously reserved costs of £315, and

(b) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(c) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5

Where does the previously reserved cost of £315 come from, I haven't managed to find it elsewhere in the thread?