Gladstone solicitors ltd parking charge

fisherjim

IMHO I can't see the Blue Badge reference being considered as the signage states "No Parking At Any Time" blue badges are not relevant on private land, and the PPC has as not asked for one to be displayed.

tallac

Coupon-mad said:

You don't need separate exhibits for 'badly pleaded parking claims'.

This is why I provide the a-f list of suggested exhibits in the 2nd post of the NEWBIES thread in the section all about Witness Statement stage.

Go find the single 'judgments' PDF linked in point 'c' of the a-f list of recommended exhibits.  It includes
Chan and a dozen others! One document. One exhibit.

Sorry, I'm not fully understanding what you're saying here.

Are you saying I only need to reference one case from the A to F list of recommended exhibits in the newbie thread?

If yes, then this was not clear from the newbie thread that only one should be picked. I used blueberry's witness statement as a template was listed as a good example witness statement. In their witness statement, they list the same 3 exhibit cases as I have done.

tallac

fisherjim said:

IMHO I can't see the Blue Badge reference being considered as the signage states "No Parking At Any Time" blue badges are not relevant on private land, and the PPC has as not asked for one to be displayed.

But it was mentioned as part of the court defence so I thought it should appear in the witness statement if it was in the defence, no? 

Le_Kirk

tallac said:

Coupon-mad said:

You don't need separate exhibits for 'badly pleaded parking claims'.

This is why I provide the a-f list of suggested exhibits in the 2nd post of the NEWBIES thread in the section all about Witness Statement stage.

Go find the single 'judgments' PDF linked in point 'c' of the a-f list of recommended exhibits.  It includes
Chan and a dozen others! One document. One exhibit.

Sorry, I'm not fully understanding what you're saying here.

Are you saying I only need to reference one case from the A to F list of recommended exhibits in the newbie thread?

If yes, then this was not clear from the newbie thread that only one should be picked. I used blueberry's witness statement as a template was listed as a good example witness statement. In their witness statement, they list the same 3 exhibit cases as I have done.

No, you use them all, just include the whole of the judgments .pdf in your WS.  We (well I) maintain the judgments link; every time I am told of another similar case I add it to the existing list.  When that WS was written, it is quite likely that there were only three cases.

tallac

Le_Kirk said:

tallac said:

Coupon-mad said:

You don't need separate exhibits for 'badly pleaded parking claims'.

This is why I provide the a-f list of suggested exhibits in the 2nd post of the NEWBIES thread in the section all about Witness Statement stage.

Go find the single 'judgments' PDF linked in point 'c' of the a-f list of recommended exhibits.  It includes
Chan and a dozen others! One document. One exhibit.

Sorry, I'm not fully understanding what you're saying here.

Are you saying I only need to reference one case from the A to F list of recommended exhibits in the newbie thread?

If yes, then this was not clear from the newbie thread that only one should be picked. I used blueberry's witness statement as a template was listed as a good example witness statement. In their witness statement, they list the same 3 exhibit cases as I have done.

No, you use them all, just include the whole of the judgments .pdf in your WS.  We (well I) maintain the judgments link; every time I am told of another similar case I add it to the existing list.  When that WS was written, it is quite likely that there were only three cases.

I think I understand, so you're saying where I have Exhibit 1 to 4 as separate case documents, I should use the judgement PDF link you've mentioned which contains a bunch more cases and have it as just 1 exhibit?

If that is not correct then I'm very confused by what @Coupon-mad said:

Go find the single 'judgments' PDF linked in point 'c' of the a-f list of recommended exhibits.  It includes Chan and a dozen others! One document. One exhibit.

fisherjim

tallac said:

fisherjim said:

IMHO I can't see the Blue Badge reference being considered as the signage states "No Parking At Any Time" blue badges are not relevant on private land, and the PPC has as not asked for one to be displayed.

But it was mentioned as part of the court defence so I thought it should appear in the witness statement if it was in the defence, no? 

Throw it in it can do any harm I just wouldn't rely on it being considered.

tallac

Second draft of the witness statement here. I've amended all the points raised and hopefully this addresses them all.

And the secondary witness statement for the passenger is here.

Let me know if there's anything else. Thank you so much.

tallac

tallac said:

Second draft of the witness statement here. I've amended all the points raised and hopefully this addresses them all.

And the secondary witness statement for the passenger is here.

Let me know if there's anything else. Thank you so much.

Any other comments on these or do they seem okay now?

LDast

Have you received a copy of the Claimants WS yet? If not, it would be worth waiting until as late as possible to get theirs and then add the following as a preliminary matter:

As a preliminary matter, I would like to bring to the Court's attention that the Claimant's Witness Statement, signed by [Paralegal or Solicitor's Name] of [Solicitor Firm name] Solicitors, does not comply with CPR 32.4 and Practice Direction 32, which require that a witness statement be made by an individual with direct knowledge of the facts. Furthermore, Practice Direction 32, paragraph 18.2, stipulates that the statement must be in the witness's own words and include details of how the witness has direct knowledge of the matters stated. As [Paralegal or Solicitor's Name] does not have direct involvement in the events in question, the Witness Statement fails to meet these requirements. In light of this non-compliance, the Defendant respectfully requests that the Court strike out the claim pursuant to CPR 3.4(2)(c) due to the Claimant's failure to comply with the relevant rules and practice directions.

If not, once you have seen their WS, add it to a SWS.

Coupon-mad

That's a good point.

We need to start asking posters what exact words appear in Hearing Orders about who is to provide a WS.  Some courts will differ but most state that 'the parties' must sign a WS.

Where the Hearing Order says that, it can also be stated that the C is in breach of the Hearing Order (as well as the above rules).