DCBL parking charge UKPCL county court claim received

dcblhater

KeithP said:

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

I only received the revised court date on the 7th July

dcblhater

B789 said:

Did you not follow the advice that you also need to do a WS which normally has to be submitted to the court and the claimant no less than 14 days before the hearing?

Probably too late but get one put together immediately. Shouldn't take you more than an hour and get it sent to the other parties and hope that it is accepted, even though the claimant will point out to the court that you have not followed instructions and you don't lose and get costs against you for unreasonable behaviour.

FUBAR

I only received the revised court date on the 7th july and the hearing in on the 18th! I may be able to pursuade the court to accept a witness statement now but what do I need to put in it? - I have letters confirming me living elsewhere and not receiving the PCN and I have proof that I emailed the company before the required date - what else do I need to add to the WS?

KeithP

OK, let's take this slowly...

Do you have a Notice of Allocation?

dcblhater

KeithP said:

OK, let's take this slowly...

Do you have a Notice of Allocation?

Hi thanks for your time - i received a notice of allocation on the 8th june 2023 - this listed the hearing as the 25th july 2023 - i immediately contacted the court (without reading the rest!) to get the hearing changed as I have given the date as a time I was unavailable - I have checked now at it says 6th july for WS! - i then received a revised hearing of 18th july 2023 which was sent on the 7th july and received 8/9th July but this did not have the notes attached saying each party....etc etc

KeithP

Then my interpretation is that your Witness Statement and evidence filing and serving deadline remained at 6th July. 

dcblhater

KeithP said:

Then my interpretation is that your Witness Statement and evidence filing and serving deadline remained at 6th July. 

it would seem so as nothing attached to new hearing date - does that mean all is lost?

Coupon-mad

No you just make sure you file & serve it tomorrow; DO NOT DRAW ATTENTION TO IT BEING LATE.

The NEWBIES thread tells you that "defence is not your only job."

You have dropped the ball but you are certainly not the first to play catch-up to quickly email a late WS; should be OK. Cross your fingers.
Better late than none at all.

I think you need to re-read the 'IMPORTANT: KNOW WHAT HAPPENS WHEN'  (red capitals headed) section in the 2nd post of the NEWBIES thread. 

But do NOT use the old linked WS example by RobertCox that is still there (it is out of date and he lost).  Use a newer one such as those posted by @aphex007 or @SJRRJS and do that tonight.  Easy to adapt.

Right now you are not even a 'witness', and a surly Judge might not even hear you.  You are in breach of the local court's Directions so sort it out immediately.

dcblhater

dcblhater said:

B789 said:

Did you not follow the advice that you also need to do a WS which normally has to be submitted to the court and the claimant no less than 14 days before the hearing?

Probably too late but get one put together immediately. Shouldn't take you more than an hour and get it sent to the other parties and hope that it is accepted, even though the claimant will point out to the court that you have not followed instructions and you don't lose and get costs against you for unreasonable behaviour.

FUBAR

I only received the revised court date on the 7th july and the hearing in on the 18th! I may be able to pursuade the court to accept a witness statement now but what do I need to put in it? - I have letters confirming me living elsewhere and not receiving the PCN and I have proof that I emailed the company before the required date - what else do I need to add to the WS?

FUBAR - thanks for your help!

dcblhater

Coupon-mad said:

No you just make sure you file & serve it tomorrow; DO NOT DRAW ATTENTION TO IT BEING LATE.

The NEWBIES thread tells you that "defence is not your only job."

You have dropped the ball but you are certainly not the first to play catch-up to quickly email a late WS; should be OK. Cross your fingers.
Better late than none at all.

I think you need to re-read the 'IMPORTANT: KNOW WHAT HAPPENS WHEN'  (red capitals headed) section in the 2nd post of the NEWBIES thread. 

But do NOT use the old linked WS example by RobertCox that is still there (it is out of date and he lost).  Use a newer one such as those posted by @aphex007 or @SJRRJS and do that tonight.  Easy to adapt.

Right now you are not even a 'witness', and a surly Judge might not even hear you.  You are in breach of the local court's Directions so sort it out immediately.

Thanks but i think its going to be better to contact the court and ask for the case to be rearranged and be up front - i have been passed from court to court - given a date that i had previously advised i was unavailable and then be advised 1 day after witness statement submission expired that the new date would be 11 days later - not giving the the chance to submit WS 14 days before - if that fails will just pay up because the forum is good at telling you that what your doing is wrong without giving clear advice on what is the right thing to do! 

Coupon-mad

dcblhater said:

Coupon-mad said:

No you just make sure you file & serve it tomorrow; DO NOT DRAW ATTENTION TO IT BEING LATE.

The NEWBIES thread tells you that "defence is not your only job."

You have dropped the ball but you are certainly not the first to play catch-up to quickly email a late WS; should be OK. Cross your fingers.
Better late than none at all.

I think you need to re-read the 'IMPORTANT: KNOW WHAT HAPPENS WHEN'  (red capitals headed) section in the 2nd post of the NEWBIES thread. 

But do NOT use the old linked WS example by RobertCox that is still there (it is out of date and he lost).  Use a newer one such as those posted by @aphex007 or @SJRRJS and do that tonight.  Easy to adapt.

Right now you are not even a 'witness', and a surly Judge might not even hear you.  You are in breach of the local court's Directions so sort it out immediately.

Thanks but i think its going to be better to contact the court and ask for the case to be rearranged and be up front 

Nope.  That'll cost you £108 fee.

You haven't been passed from court to court. Cases always start at the CCBC Admin Centre then go to the local court you chose.  Then that court sent you a Notice that told you your deadline for your WS & evidence.

That was all normal - fully expected for all Defendants -  and this process is explained in the NEWBIES thread section in red capitals 'IMPORTANT :  KNOW WHAT HAPPENS WHEN'

So, you can get back on track tomorrow and just do your WS bundle as advised.

The advice I gave you was quick & clear - I spotted your oversight and put you back on track, I hope?  I included two hyperlinks.

I gave you those 2 links to usernames who've posted recent good examples on their threads; all defending posters here just adapt those and add their own photos, normally all done within an hour.

You can do it tomorrow I hope.  One email, with a PDF attached, copied to both. Job done.