Not the driver or keeper, driver now living abroad

Slainte1

Thanks for your comments. Unfortunately I’ve been away for a month and had to get the WS off to the court by the deadline. I used what I thought was the latest exemplary statement. I’ll look at Cel v chan and see if I’m allowed a late amendment. I’m going to look at Dropbox and see why it won’t allow access. 

Slainte1

https://www.dropbox.com/scl/fi/zjzv7bgaydz9j1925jtp0/Minster-Baywatch-defendant-witness-statement-edited.pdf?rlkey=ge898tfxgc1qb1zqgfi9p0ftd&dl=0

Does this work 

Slainte1

I’ve looked at the newbie thread and post 2 the example defence edited October 23 but can’t find reference to Chan v Cel.  I’ve also looked at pg 35 of the comments and earlier and can’t find it.   Sorry if I’m missing something. Thanks for your help 

Coupon-mad

It's not a late amendment; it's a skeleton argument. No deadline for that.

Search the forum for Judge Murch Chan.

Le_Kirk

Coupon-mad said:

It's not a late amendment; it's a skeleton argument. No deadline for that.

Search the forum for Judge Murch Chan.

@Coupon-mad, could you add my link to the PDF file to the NEWBIE sticky or the defence template?

Slainte1

After searching @Le_Kirk comments i found  a transcrpit of the Chan V CEL case, thanks to @Coupon-mad, although its not copied very clearly. 
I have copied my POC redacted here, i wondered if i can use this evidence at such a late stage, my case is on Friday . I am gathering the bundle together now.  As i understand it , it has to be in no less than 2 days before the hearing.
Can i include something in a skeleton that hasnt been used in the defence, which was written in feb this year.
Please can someone confirm they can see these documents

https://www.dropbox.com/scl/fi/w2qbqh4jekglzujlq6l5h/Redacted-POC.PDF?rlkey=dc05y2yt62zctewez2wuxxmtw&dl=0

https://www.dropbox.com/scl/fi/2y3tqj5azralvksjkz8qg/Witness-Statement-draft_redacted.pdf?rlkey=bv15rqwnixjd7rxw8y9dk77z5&dl=0

Slainte1

I intend to submit this as a supplementary witness statement tomorrow, including the transcript of the CEL v Chan case or should it belong as part of the bundle to be submitted Tuesday
a. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action".  The Defendant draws to the attention of the allocating Judge that there is now a persuasive Appeal judgment involving the same Claimant as this case, which supports striking out the claim without a hearing.

b. The Defendant believes that dismissing this poorly-pleaded claim is the correct course, with the Overriding Objective in mind.  Bulk litigators like this Claimant (which has an in-house legal team and barrister) should know better than to make little or no attempt to comply with the Practice Direction.  By continuing to plead cases with generic auto-fill unspecific wording, this Claimant in particular should not be surprised when courts continue to strike out their claims, based in the following persuasive authority.

c. Civil Enforcement Limited v Chan (Ref. E7GM9W44) holds that the POC fails to comply with Civil Procedure Rule 16.4(1)(e) and Practice Direction Part 16.7.5. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment (transcript below) the Court should strike out the claim, using its powers pursuant to CPR 3.4. 

d. The paticulars of claim issued to me on 11 January 2023 Exhibit AL 01a do not state the exact terms and conditions that were breached, nor the times of any alleged parking infringement.

Can I refer to documents that they have submitted in their WS such as notice to keeper, letter before claim etc, licence agreement, or do I have to exhibit them in my own right
Thanks everyone

Coupon-mad

Have you found a readable version of Chan? It's all over the forum and was first posted on Facebook about 2 months ago.

I said attach it to a 'skeleton argument' page (no deadline for that) because it's too late to get away with a witness statement.

Who is doing the bundle on Tuesday? You or CEL?  It needs sending today AND including in the bundle tomorrow.  If CEL are doing the bundle, tell them this must be included.
Be quick.

Umkomaas

Have you found a readable version of Chan? It's all over the forum and was first posted on Facebook about 2 months ago.

https://www.dropbox.com/scl/fi/xy54utt9djv55xitfp7lk/CEL-appeal-transcript.pdf?rlkey=304syf9czf5arl3i1u1ircjln&dl=0

Coupon-mad

Thanks, very clear.

If they were not the driver or keeper they should also add transcripts for Excel v Smith and VCS v Edward.  All are on appeal and all are on this forum and are persuasive and relevant.

Those 3 appeal cases could win the case.