Permit at work VCS DCB Legal court claim

Coupon-mad

I didn't suggest you say that.  Use my words.

Kitkat8

Okay so...they submitted their WS on same day as me. And today they submitted a 'supplementary WS to run concurrently with WS 1' which responds to.my witness statement so should I ne responding to their original one aswell? Or is it too late as I thought all paperwork had to be in to be considered by the deadline of the WS?

Car1980

If there was no deadline both sides could submit supplementary WS's ad infinitum. But with it being small claims things are a bit looser.
The judge may read it, or he may not.
*If* it gets to a hearing a decent judge usually asks if anybody has any procedural points to raise first, at which point you can ask for the supplementary to be ruled inadmissible as it was submitted after the deadline (and it's hardly fair for both sides to bombard you your excellency with repeated supplementary arguments (wink)).

Coupon-mad

Kitkat8 said:

Okay so...they submitted their WS on same day as me. And today they submitted a 'supplementary WS to run concurrently with WS 1' which responds to.my witness statement so should I ne responding to their original one aswell? Or is it too late as I thought all paperwork had to be in to be considered by the deadline of the WS?

Do not enter into email tennis. Do not reply. Judges don't like it and (as long as you DON'T do the same thing as them) you can almost certainly get the second WS struck out by objecting to it at the hearing.

Kitkat8

Amazing thank you all so much
Hearing is set for 7th DCB Legal been constantly trying to ring me of course I haven't answered. Fingers crossed it won't go to a hearing. Date set is 7th Feb so we will see

Kitkat8

Had some mail today with a 2nd court date for the 2nd 'offence'. After I've submitted my WS...So seems the court haven't put them together for some reason? I have until Feb 25th to submit my WS. I'm guessing I should just submit the same one and as a preliminary matter ask for it to be struck out and to be combined under Henderson v Henderson like in my defence? It feels like they haven't read the defences at this point. I can also change the dates and add Coupon Mad point about the slyness of the original not being stuck to the windscreen causing 2nd time to occur

Coupon-mad

Yes - that all sounds good.

Include a costs assessment for attending the hearing, if it happens, and make sure your WS reminds the Judge of the judicial note in the White Book about unreasonableness / late discontinuances. It was in your defence!

Kitkat8

Lovely will do! Thankyiu (:

Kitkat8

No discontinuance so looks like I'm in court tomorrow! What do i need to print? Do I need to print off all of my evidence and WS and defence? I know the paragraphs quoted in beavis V parking eye should be printed and bullet points to prompt me on my WS but any other specifics?

Coupon-mad

Car1980 said:

If there was no deadline both sides could submit supplementary WS's ad infinitum. But with it being small claims things are a bit looser.
The judge may read it, or he may not.
*If* it gets to a hearing a decent judge usually asks if anybody has any procedural points to raise first, at which point you can ask for the supplementary to be ruled inadmissible as it was submitted after the deadline (and it's hardly fair for both sides to bombard you your excellency with repeated supplementary arguments (wink)).

You firstly raise the above preliminary matter.

Then wait for your turn to speak.

Take a printed copy of everything (theirs and yours) in a nice ring binder, so you can follow when the other side refers to a page number exhibit.

Take proof of the cost of all this printing and a wage slip or similar proof of what this has cost you.  ASK FOR COSTS AT THE END.

Get there early. You have to get past Security (bag check) and sign in with the Usher.  REFUSE to discuss the case outside of the court room if their rep sidles up to you and wants a 'chat'!