Claim received for unpaid Parking Charge Notice

LDast

20.  With the eagerly anticipated ban on false 'costs' there is ample evidence to support the view - long held by many District Judges - that these are knowingly exaggerated claims. For HMCTS to only disallow those costs in the tiny percentage of cases that reach hearings whilst other claims continue to flood the courts unabated, is to fail hundreds of thousands of consumers who suffer CCJs or pay inflated amounts, in fear of the intimidating pre-action demands. The Defendant believes that it is in the public interest that claims like this should be struck out because knowingly enhanced parking claims like this one cause consumer harm on a grand scale

Obviously lifted from a defence somewhere. Needs to be in the first person otherwise you are being hypocritical because you accuse the claimants witness of writing in the third person here:

5.      The Claimant's Witness Statement is written in the third person, which is inappropriate for a witness statement. A Witness Statement should represent the personal account of the witness and should be written in the first person, as per CPR Practice Direction 32, paragraph 18.1, which requires a witness to state their evidence clearly, in their own words.

You must review, proof read and understand your own WS.

1505grandad

As above  -  for instance is the word "land" missing here ( ) :-

"2.      That they have a Parking Enforcement Contractual Agreement with the landlord to manage and enforce parking on private ( ) and also provide the particulars of the contract."

No doubt the para numbers will be correct on the final doc.

Just checking  -  I know nothing about the CPR's but wonder about the following statement (perhaps others also):-

"Hearsay evidence:

Furthermore, under CPR 32.2, the court has the discretion to exclude hearsay evidence when it is of limited probative value."

Assuming I am looking at the correct doc. (Updated: Sunday, 1 October 2023) it states (32.2):-

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

"AFFIDAVITS

Deponent

2 A deponent is a person who gives evidence by affidavit or affirmation."

Apologies if I have probably got the wrong end of the stick again.

LDast

1505grandad said:

Assuming I am looking at the correct doc. (Updated: Sunday, 1 October 2023) it states (32.2):-

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

"AFFIDAVITS

Deponent

2 A deponent is a person who gives evidence by affidavit or affirmation."

Apologies if I have probably got the wrong end of the stick again.

It's CPR 32 not PD 32.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.2

Although I think it would refer to CPR 32.5, not 32.2.

Afrochap

Coupon-mad said:

That's a good, non-templatey WS.

Remove the word "fraudulently" which a Judge won't like and is inappropriate to a civil case. 

Many thanks. 

I removed the word as you advised. 

Putting all my write up and exhibits in the post to the Courts tomorrow. The 14 days deadline is on Weds. I've also emailed same to Gladstones.

Afrochap

LDast said:

20.  With the eagerly anticipated ban on false 'costs' there is ample evidence to support the view - long held by many District Judges - that these are knowingly exaggerated claims. For HMCTS to only disallow those costs in the tiny percentage of cases that reach hearings whilst other claims continue to flood the courts unabated, is to fail hundreds of thousands of consumers who suffer CCJs or pay inflated amounts, in fear of the intimidating pre-action demands. The Defendant believes that it is in the public interest that claims like this should be struck out because knowingly enhanced parking claims like this one cause consumer harm on a grand scale

Obviously lifted from a defence somewhere. Needs to be in the first person otherwise you are being hypocritical because you accuse the claimants witness of writing in the third person here:

5.      The Claimant's Witness Statement is written in the third person, which is inappropriate for a witness statement. A Witness Statement should represent the personal account of the witness and should be written in the first person, as per CPR Practice Direction 32, paragraph 18.1, which requires a witness to state their evidence clearly, in their own words.

You must review, proof read and understand your own WS.

Thanks for catching that. Whist putting the statement together, I was mad tired. 

Did a check and found another place where I used "defendant". I just changed both to first person. 

Many thanks indeed. 

Afrochap

1505grandad said:

As above  -  for instance is the word "land" missing here ( ) :-

"2.      That they have a Parking Enforcement Contractual Agreement with the landlord to manage and enforce parking on private ( ) and also provide the particulars of the contract."

No doubt the para numbers will be correct on the final doc.

Just checking  -  I know nothing about the CPR's but wonder about the following statement (perhaps others also):-

"Hearsay evidence:

Furthermore, under CPR 32.2, the court has the discretion to exclude hearsay evidence when it is of limited probative value."

Assuming I am looking at the correct doc. (Updated: Sunday, 1 October 2023) it states (32.2):-

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

"AFFIDAVITS

Deponent

2 A deponent is a person who gives evidence by affidavit or affirmation."

Apologies if I have probably got the wrong end of the stick again.

Yes. I caught that and rectified by adding the word land. 

Thanks 

1505grandad

LDast said:

1505grandad said:

Assuming I am looking at the correct doc. (Updated: Sunday, 1 October 2023) it states (32.2):-

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32

"AFFIDAVITS

Deponent

2 A deponent is a person who gives evidence by affidavit or affirmation."

Apologies if I have probably got the wrong end of the stick again.

It's CPR 32 not PD 32.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.2

Although I think it would refer to CPR 32.5, not 32.2.

Oops!!. Thanks and noted.

Le_Kirk

Afrochap said:

Putting all my write up and exhibits in the post to the Courts tomorrow. The 14 days deadline is on Weds. I've also emailed same to Gladstones.

Can't you send to the court via e-mail?  Certainly more guaranteed to get there than by post.  Has the court placed a restriction on the amount you can send by e-mail, either number of page or size?

Afrochap

Le_Kirk said:

Afrochap said:

Putting all my write up and exhibits in the post to the Courts tomorrow. The 14 days deadline is on Weds. I've also emailed same to Gladstones.

Can't you send to the court via e-mail?  Certainly more guaranteed to get there than by post.  Has the court placed a restriction on the amount you can send by e-mail, either number of page or size?

No email address has been provided. I checked .gov and will send an email to their enquiries mailbox to request they provide the address to forward my statement too. However, I do not know how fast they will respond.

Afrochap

Also unable to call as I'm severely hard of hearing.