Met Parking & DCBL Civil National Business Centre

GoldenRetriver12

We are in the process of writing it, it does not need to be provided until 12th June. I wasn't sure if they would send one or not. Sorry if it sounded a silly question! 

Thanks

GoldenRetriver12

Question for you, is it possible to use photographs given within the claimant's WS. The reason being, they themselves provide evidence that there was lack of signage and the limited signage was clearly blocked by other vehicles/advertising/telephone boxes. 

Upon checking the area of the alleged parking event, six years later, there have been 3 additional signs added and obstructions removed. 

LDast

Of course you can rebut anything in the Claimants WS. However, is the WS actually from the Claimant or from their legal representative?

If the latter (highly likely), then you need to add the following as a preliminary matter to your won WS:

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.

Coupon-mad

Don't exhibit photos that they've exhibited, as that just makes your bundle bigger.  Just refer to them by Claimant's exhibit number.

GoldenRetriver12

LDast said:

Of course you can rebut anything in the Claimants WS. However, is the WS actually from the Claimant or from their legal representative?

If the latter (highly likely), then you need to add the following as a preliminary matter to your won WS:

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.

Director of MPSL. Which I also highly doubt but must believe.

GoldenRetriver12

Coupon-mad said:

Don't exhibit photos that they've exhibited, as that just makes your bundle bigger.  Just refer to them by Claimant's exhibit number.

Thank you this helps.

GoldenRetriver12

Hey All, 

A update for you, followed by a question.

We have received the indexed bundle from the Claimants solicitor, which they are to file with the Court. Requesting we confirm we are agreeable to the same. It contains all the previous information shared between parties.

Would you recommend responding to them?

Would you recommend advising them to drop the case, and the reasons we intend to highlight in Court?

Thanks

Le_Kirk

Does your Notice of Allocation state that claimant is responsible for putting together a bundle containing yours and their witness statements for submission to the court? If so, check very carefully that what they are about to submit is a) exactly what you sent them and b) will be submitted on time.

Coupon-mad

Don't respond to the bundle unless you see anything missing.