Defence Template Feedback

Coupon-mad

Para 3 and para 9 both start 'The Defendant' but you need to change all these to "I" because this is a Witness statement (first person).

Also remove the words (See Exhibit 1) from paragraph 4 because by using the judgments link given to you in the a-f list of recommended exhibits - in the NEWBIES thread, you can amalgamate ALL the recent judgments into one exhibit, by changing this:

5.        Similarly, in January 2023, District Judge Sprague, sitting at the County Court at Luton, struck out a badly-pleaded parking claim with a full explanation of his reasoning. (See Exhibit 2)

To this instead, with the 'judgments' exhibit:

5.  Courts up and down the Country have continued to strike out poorly pleaded parking cases due to defective POC (See Exhibit 1 which includes the persuasive judgment in Chan and a host of other judgments and orders made before, or at, hearings in 2023 and 2024).  

Then clearly your paragraph 9 needs moving up to come next!

Otherwise you are breaking up the point about bad POC by plonking an observation about 'lack of grace period' in the middle then going back to 'poor POC' again.

Make it flow in a sensible way, subject by subject.

And by using the amalgamated judgments exhibit you will need to renumber your later exhibits.

Coupon-mad

And where are the VCS v Edward and Excel v Smith transcripts I advised you to search for & include? I gave you exact search keywords that will find you other WS to grab the relevant wording and transcript links from, in minutes

nhussa22

I have made those changes and added the VCS v Edward and Excel v Smith wording based on another post I found.

I have submitted my WS via email to both the Court and VCS in a single email. Is that OK, or does it need to be posted as a hard copy?

Coupon-mad

nhussa22 said:

I have made those changes and added the VCS v Edward and Excel v Smith wording based on another post I found.

I have submitted my WS via email to both the Court and VCS in a single email. Is that OK, or does it need to be posted as a hard copy?

Perfect, if you mean the local hearing court (not the CNBC of course) and if Elms Legal are no longer involved? (I know they usually step away once a case is defended).

nhussa22

Coupon-mad said:

nhussa22 said:

I have made those changes and added the VCS v Edward and Excel v Smith wording based on another post I found.

I have submitted my WS via email to both the Court and VCS in a single email. Is that OK, or does it need to be posted as a hard copy?

Perfect, if you mean the local hearing court (not the CNBC of course) and if Elms Legal are no longer involved? (I know they usually step away once a case is defended).

Yes, the court where the hearing is scheduled to take place and VCS directly (Elms have stepped away already).

nhussa22

So I have my hearing tomorrow. I won't be able to attend so will send my partner (I stated this in my WS).

Should my partner be expected to explain everything I have written in the WS? If I win, can they ask for costs for taking the day off work? Should I print everything off and give it to my partner to take with them?

Any other advice, please share! Thanks.

KeithP

nhussa22 said:

So I have my hearing tomorrow. I won't be able to attend so will send my partner (I stated this in my WS).

Should my partner be expected to explain everything I have written in the WS? If I win, can they ask for costs for taking the day off work? Should I print everything off and give it to my partner to take with them?

Any other advice, please share! Thanks.

Is your partner a solicitor or other legally qualified advocate?
If not, I fear your partner may not be heard without the named Defendant also being present.

Coupon-mad

nhussa22 said:

So I have my hearing tomorrow. I won't be able to attend so will send my partner (I stated this in my WS).

Should my partner be expected to explain everything I have written in the WS? If I win, can they ask for costs for taking the day off work? Should I print everything off and give it to my partner to take with them?

Any other advice, please share! Thanks.

Your partner is a third party and won't be allowed to speak.  They are not a witness. You can't just send someone else.

This is now likely to lose the case. Witnesses can't just not turn up to hearings and bury that info in their Witness Statement.

I suppose your partner being there is possibly better than nobody... but expect an angry Judge.  And you will likely lose.

I am sorry. I hope you prove us wrong.

This wasn't how to deal with a court hearing, especially if you send your poor partner without copies of everything. We predict they will be like a lamb to the slaughter unless you get very, very lucky. Does your partner know not to speak to the Claimant's rep beforehand? 

nhussa22

I am a full time carer and made it clear in my WS that because of that, I may not be able to attend the hearing but if I couldn't, I would send my partner.

The court have changed the time of my hearing last minute so I definitely can't attend because I can't get cover for my caring responsibilities.

My partner knows the full process and in fact knows more about me as they have helped me do everything so far. They know not to speak to the rep.

If I win, can they ask for costs because they are taking a day off work to attend?

Le_Kirk

nhussa22 said:

If I win, can they ask for costs because they are taking a day off work to attend?

BUT they won't be allowed to speak, let alone ask for costs on your behalf!