Defense Help needed for civil court Parking Claim - DCB Legal

SimHelp

Is this OK?

1.        In accordance with CPR 27.14 the defendant would like to request costs to cover loss of earnings to attend hearing and time spent preparing case;   

(a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

Gr1pr

Surely that would replace 12 near the bottom of the previous witness statement. ?  Not 1. ?

Attention is critical to this stage, because you are stating that all of it is true, like swearing on oath 

Always double or triple check, proof read 

Coupon-mad

SimHelp said:

Is this OK?

1.        In accordance with CPR 27.14 the defendant would like to request costs to cover loss of earnings to attend hearing and time spent preparing case;   

(a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

Yes, assuming this is not paragraph 1.  

You seem to have your MS Suite set to American spellings which needs sorting out. It has changed the correct spelling of defence to defense which isn't even a word in the UK.

1505grandad

Make sure that the correct (full) name of the claimant is stated on WS heading.

Does the WS support the Defence filed in view of the following comment:-

https://forums.moneysavingexpert.com/discussion/comment/80507448/#Comment_80507448

What did you state in your Defence in the end  -  are the Chan & other cases relevant therefore?

SimHelp

Thank you all - yes the number of the paragraphs are numbered correctly it has just come out as a 1 when I have copied and pasted to here.
Full name of claimant - so more than just Spring Parking?
I will check the defence as hadn't realised that I couldn't use these cases if they were not on defence?  Are you not able to elaborate and use more things in WS?
Thank you for the pointer on my spell check - I have just changed to English

Gr1pr

Yes you expand on your defence in a WS , plus you add relevant exhibits as well 

The Chan case was about poor and inadequate POC , Le Kirk stated that your POC mentioned not having a ticket to park, so the breach was written, so it was specific, not vague

The name of the actual claimant is listed on the top left of the claim form 

Its good to see the correct spellings, sometimes small things matter 😇

Le_Kirk

SimHelp said:

3.      The Defendant draws to the attention of the court that there is now a persuasive Appeal judgment to support striking out the claim (in these exact circumstances of typically poorly pleaded private parking claims, and the extant PoC seen here are far worse than the one seen on Appeal).  The Defendant believes that dismissing this meritless claim is the correct course........................ 

Witness Statements are written in the First Person, therefore not "Defendant" but "I".

Coupon-mad

On the Claim form the Claimant is not shown only as 2 words.

SimHelp

Super thanks I have the claim form here so will use the details on that plus change to first person for all on the WS

SimHelp

OK I am really not sure what to do now - I am in a bit of a stress as need to send my witness statement tomorrow.  Not sure I can use the WS I have prepared above as I have admitted I did not display the ticket and they have come back to say the terms of the land state a valid pay and display ticket should be displayed.  I really don't think there is anything to put in this WS that is relevant to my case.  The ones I have used are about unclear PO such as the Chan case!