My first court defence

JoeN1988

Hello guys, I'm looking to start my witness statement ahead of time. The templar defence dropbox link by baz417 takes me to a seemingly unrelated WS by a female defendant regarding a residential parking claim.

Is this the correct WS to base mine on our should i refer back to the one by aphex?

JoeN1988

Another thing to mention is that i submitted my SAR to the claimant almost a month ago, via email to their litigation dept.

I received confirmation of receipt of my email, but it did say they were unable to aknowledge service of documents by email.

Obviously the PDT log for the P&D machine is central to my case. Do i chase them up or is their failure to respond to a legal request more damning to them?

Coupon-mad

Forget the SAR. They'll have to produce the PDT logs with their WS anyway.

Latest WS examples now are by @_blueberry_ and @vincentvega27

JoeN1988

Coupon-mad said:

Forget the SAR. They'll gave to produce the PDT logs with their WS anyway.

Latest WS examples now are by @_blueberry_ and @vincentvega27

Thanks. If they don't will it be a case of he said/she said?

Will their failure to respond to the SAR look bad on them?

Coupon-mad

They will supply payment logs with the WS.

JoeN1988

Here is the PoC. It looks to be pretty good to be fair.

Coupon-mad

"Identified in the Warwick Road"!  Errrr...where?

"registered keeper and/or driver"?

...time of the parking event?

...amount of parking charge?

...amount of contractual costs?

I'm not asking for answers.

I'm pointing out the failings in that POC.

None of that is clear and as for 'the Warwick Road'...?  There's one in Worthing for example.  And a road is public highway.

Excel Parking & ELMS Legal

You'll likely win.

Have Elms Legal stepped away yet and left it to Excel?

JoeN1988

Coupon-mad said:

"Identified in the Warwick Road"!  Errrr...where?

"registered keeper and/or driver"?

...time of the parking event?

...amount of parking charge?

...amount of contractual costs?

I'm not asking for answers.

I'm pointing out the failings in that POC.

None of that is clear and as for 'the Warwick Road'...?  There's one in Worthing for example.  And a road is public highway.

Excel Parking & ELMS Legal

You'll likely win.

Have Elms Legal stepped away yet and left it to Excel?

Thank you, those points will be useful in court if questioned on.

I've heard nothing from ELMS since i notified them of my SAR to the claimant.

I received my DQ today which must be submitted by 6/11.

Is there any benefit to leaving the submission to the last minute to give me time for my WS? Or will it make no difference to the allocation of a hearing date?

Coupon-mad

Depends if you want it delayed but your hearing won't be until 2024 anyway so make sure you plot in the DQ, ALL known or possible holidays/family birthdays/weddings or whole weeks that you won't want a hearing in 2024. 

JoeN1988

Coupon-mad said:

Depends if you want it delayed but your hearing won't be until 2024 anyway so make sure you plot in the DQ, ALL known or possible holidays/family birthdays/weddings or whole weeks that you won't want a hearing in 2024. 

Fantastic, should i go into detail with your points re: the vagueness of the POC in my WS in the hope it may be struck out?