Defence helped needed - Received a LOC from Civil National Business Court

rorschach57

Thanks both, combining both links here:

Fathers WS - https://docs.google.com/document/d/1ZAg6q3GgP5D-sQq8t4NjXqrOFvktj0p1/edit?usp=sharing&ouid=102309678422513276798&rtpof=true&sd=true

My WS - https://docs.google.com/document/d/1whbXS6EJYBcheCGMVhp6DRNjBRxWt1i3/edit?usp=sharing&ouid=102309678422513276798&rtpof=true&sd=true

To make it easy, Ive highlighted my version of the event in red on page 3. The rest of the doc is still the same (for now). 
Looking at the newbies thread
if you are defending as keeper, not driver, include a copy of Schedule 4 of the POFA and also exhibit the transcripts of Excel v Smith and VCS v Edward (search the forum!).

Therefore, I shouldn't include the above in my WS but keep them in my fathers ones? What else shall I remove from mine? The other exhibits remain the same.

Could I get some feedback on both WS please?

Coupon-mad

I don't think Smith or Edward lend themselves to a UKPC case, so forget those.

rorschach57

Will do. The newbie thread doesn't say for which parking company. 

Coupon-mad

That's because it's never set in stone: parking firms change their NTKs over the years and some are POFA worded and some non-PoFA.

We know that in 2023 it is likely that UKPC issued a POFA-worded NTK.  Therefore (if that is right) they can hold the keeper liable.

rorschach57

Is saying this process stressed me and others out, and the fact that UKPC have elongated the process by so much (1.5 years) something worth mentioning? Or will it just thrown back at me because i ignored the ticket for months until I got the CNBC letter?

edit: Here's what I have

The issuance of this notice has caused distress to my mother, father and myself. It seems like the Claimant has deliberately stretched out the process for their own gain. Going quiet for months of end, not sending documents to my father and then claiming we failed to complete the next stage. These seem like deliberate and scummy tactics to stress out the victim and claim maximum profit from them.

rorschach57

Is someone able to read over the witness statements very quickly please? My deadline is today and I have everything ready to submit.

Gr1pr

rorschach57 said:

Is saying this process stressed me and others out, and the fact that UKPC have elongated the process by so much (1.5 years) something worth mentioning? Or will it just thrown back at me because i ignored the ticket for months until I got the CNBC letter?

edit: Here's what I have

The issuance of this notice has caused distress to my mother, father and myself. It seems like the Claimant has deliberately stretched out the process for their own gain. Going quiet for months of end, not sending documents to my father and then claiming we failed to complete the next stage. These seem like deliberate and scummy tactics to stress out the victim and claim maximum profit from them.

That is whinging,  a company or individual has 6 years to issue a court claim against another entity,  under the Limitations Act 1980 and are perfectly entitled to chase it up,  it's standard business practice,  not harassment 

By ignoring everything you were the maker of the misfortune,  they can state that the keeper should have responded in the first month or so,  making your dad out to be culpable,  as the RK and now as defendant too

Personally I would avoid digging my own grave,  learning from the mistakes me and my family made, not highlighting them  ( perhaps your dad should have thrown you under the bus within the first month or before the court claim   ? By naming you as the driver   , you are the architect of all this trouble and strife, there is zero value in any POOR ME statements  )

Your father was free to hire a lawyer at any time to deal with all of this , same as the claimant has done   

rorschach57

Thanks for that, i assumed as much. Just submitted both WS.

Coupon-mad

Oh!  Like others, I had no time to even look.

rorschach57

Just received an email from the court saying they can't print the two WS as combined they both exceed the courts printing policy of 50 pages. Both my WS are 90 pages. Sounds like a they problem not me. They're telling me to submit a hard copy.

I'll see if I can reduce my WS to be 5 pages so that combined total is 50.

Is it ok if my WS is only 5 pages long? Or I can try and reduce my father's one by cutting down the photos in the exhibit or something.