PCN from UKCPM Gladstone - URGENT help with witness statment

B789

Both those PoC fail the test below:

It is incumbent upon the claimant to set out how it is that the entitlement to the charge arises. It is correct that this claim form sets out that there was a contract. One can safely infer that it is as a result of the driver bringing the car onto the land that it is being said by conduct a contract arose. It is also clear which vehicle is said to have been used in a manner which breached the contract. It is also clear where and when the breach is said to have occurred. The breach itself however is not set out. The conduct giving rise to the breach is not set out.

In the words of HHJ Murch, "I am persuaded that the right thing to do in this case is to strike out the claim form. Therefore, for those reasons, I conclude there has been a failure to comply with the rules. The conduct amounting to the breach was not set out; it was open to the claimant either to attach separate particulars of claim or set out a little less of the detail as to the interests calculations and perhaps in that way set out how it was argued that there had been a breach amounting to conduct in breach of a contract."

The claims should be struck out

Brightlinks

B789 said:

Both those PoC fail the test below:

It is incumbent upon the claimant to set out how it is that the entitlement to the charge arises. It is correct that this claim form sets out that there was a contract. One can safely infer that it is as a result of the driver bringing the car onto the land that it is being said by conduct a contract arose. It is also clear which vehicle is said to have been used in a manner which breached the contract. It is also clear where and when the breach is said to have occurred. The breach itself however is not set out. The conduct giving rise to the breach is not set out.

In the words of HHJ Murch, "I am persuaded that the right thing to do in this case is to strike out the claim form. Therefore, for those reasons, I conclude there has been a failure to comply with the rules. The conduct amounting to the breach was not set out; it was open to the claimant either to attach separate particulars of claim or set out a little less of the detail as to the interests calculations and perhaps in that way set out how it was argued that there had been a breach amounting to conduct in breach of a contract."

The claims should be struck out

Thanks for your feedback B789

What would be my next course of action.
First case DQ received from Gladstone and am awaiting DQ from the County court Business centre

Second case hearing date was adjourned to next year March 24.

Coupon-mad

In both cases use the stuff in the defence by @manooo (plus the new transcript from HHJ Murch (not March) and include it in your WS bundle for each case.

In my view, only QDR case POC pass muster.

Brightlinks

Coupon-mad said:

In both cases use the stuff in the defence by @manooo (plus the new transcript from HHJ Murch (not March) and include it in your WS bundle for each case.

In my view, only QDR case POC pass muster.

Dear Coupon-mad

Thanks for advise.

Claim for issued in Sept 2021 - Defence and WS submitted earlier - New hearing date issued for March 24  - Can I send additional WS with new judgement copy ?

Claim for issued in Aug 2023 - Defence submitted and am awaiting DQ from the CCBC - what will be next course of action ?

Coupon-mad

Yes - you can add a Supplementary WS updating the Judge with the new CEL judgment about striking out a claim due to woeful POC.

AND you need to add all the recent updates from the DLUHC.

But WAIT TILL NEARER THE HEARING to do that, as the DLUHC will publish much more in the next 6 months.

See the latest WS linked in the NEWBIES thread by baz417 but bide your time. There is more to come from the Government!

Re the second one:

Claim form issued in Aug 2023 - Defence submitted and am awaiting DQ from the CCBC - what will be next course of action ?

As per the NEWBIES thread really. 

Brightlinks

Coupon-mad said:

Yes - you can add a Supplementary WS updating the Judge with the new CEL judgment about striking out a claim due to woeful POC.

AND you need to add all the recent updates from the DLUHC.

But WAIT TILL NEARER THE HEARING to do that, as the DLUHC will publish much more in the next 6 months.

See the latest WS linked in the NEWBIES thread by baz417 but bide your time. There is more to come from the Government!

Re the second one:

Claim form issued in Aug 2023 - Defence submitted and am awaiting DQ from the CCBC - what will be next course of action ?

As per the NEWBIES thread really. 

Thanks Coupon-mad

I am just thinking that if I send supplementary WS to court than may be Judge discontinue the claim and no need to wait till next year March 24 ( I guess they want to clear the backlog too as my hearing was twice adjourned due to resources were not available) 

Umkomaas

Brightlinks said:

Coupon-mad said:

Yes - you can add a Supplementary WS updating the Judge with the new CEL judgment about striking out a claim due to woeful POC.

AND you need to add all the recent updates from the DLUHC.

But WAIT TILL NEARER THE HEARING to do that, as the DLUHC will publish much more in the next 6 months.

See the latest WS linked in the NEWBIES thread by baz417 but bide your time. There is more to come from the Government!

Re the second one:

Claim form issued in Aug 2023 - Defence submitted and am awaiting DQ from the CCBC - what will be next course of action ?

As per the NEWBIES thread really. 

Thanks Coupon-mad

I am just thinking that if I send supplementary WS to court than may be Judge discontinue the claim and no need to wait till next year March 24 ( I guess they want to clear the backlog too as my hearing was twice adjourned due to resources were not available) 

Send it and see!

Brightlinks

Hi All

Recent update -

Your defence was received on 04/09/2023

Case Stay Lifted on 16/10/2023 

DQ sent to you on 16/10/2023 - - Still waiting

DQ filed by claimant on 16/10/2023 - How do they submitted ?

As per my previous post, can I send additional defence  with new CEL judgment ?

Coupon-mad

No you can't but you can send it with the DQ.

Brightlinks

Coupon-mad said:

No you can't but you can send it with the DQ.

Thanks for the suggestion

do I need to send updated defence or just additional point with CEL judgment ?