Help needed with two claims froms

Coupon-mad

The Defendant didn't attend the hearing? We never, ever tell people not to attend.

At least the Judge has removed the fake added £70 'damages'.

Either:

- ring up the solicitor (Gladstones?) and pay in full immediately to avoid a CCJ, or

- urgently contact and pay Contestor Legal to appeal the judgment on the basis that the Judge erred by ignoring the authorities of Chan and Akande (and whatever else they can see but you'd need the written reasons from the court).

seaside_pillow

On the Defendant presence.

the defendant did actually attend the court.

The hearing was supposed to start at 10am, me and the defendant were there from half 9 and up until half 1 in the afternoon and we were still waiting to been seen by the judge for our hearing. At this point the defendant had to go back home as they are terminally ill and couldn’t wait more longer. We explained this to the usher as well who said he will speak to the judge and explain the reasoning why the defendant has to leave and have me attend the hearing instead. 

So at 2pm our turns come for the hearing, and I saw the judge and explained why the defendant had to leave. He gave me two options, either to adjourn the hearing or make a judgement based on the defendant WS to which I choose the latter.

So yes the defendant presence would have helped a lot but if only the courts weren’t so disorganised and appreciate ppl time.

Coupon-mad

Should have adjourned. I'm so sorry.

seaside_pillow

Yup, lesson learnt here and will be applied in the other claim, which its status is still unknown and not sure whether the judge dismissed it based on cause of action estoppel.

Coupon-mad

seaside_pillow said:

Yup, lesson learnt here and will be applied in the other claim, which its status is still unknown and not sure whether the judge dismissed it based on cause of action estoppel.

Just thought of a third option: totally ignore the judgment, if the terminally ill defendant doesn't need credit. Would a CCJ affect them? If no, do nothing.

seaside_pillow

@Coupon-mad could do that as they currently don’t need credit…but they still don’t like having a CCJ and we don’t know what the future holds as their helps might get better and they might need Credit in future.

And tbf since they had nothing to do with the whole situation and only their fault being the registered keeper (to the which they don’t even have the car anymore) might as well pay the claim and leave them with less stress. 

Also, thank you so much for the help and advice you and others have given. Totally appreciated.

Ralph-y

the MP's comments (hansard) in no way did justice to how I feel and am sure many others do .... re the whole ... (or hole) industry ..... how do they sleep at night ?

seaside_pillow

@Ralph-y I am mostly disappointed in our judicial system for allowing such parasites to operate and charge ordinary civilians hundreds of pounds for a parking ticket, not traffic violation or speeding (which in mainland Europe you get fined and the amount is usually way less than this amount, based on my exp), but hey ho at least they think they teaching us a lesson and not realise what a scam this is, and just maybe, maybe then they can sleep peacefully at night knowing how mighty they are over the little ones.

I called the court yesterday as well to send me their reasoning as they didn’t attach it, and they said they don’t know either as the decision was given by a deputy judge.

seaside_pillow

Hi forum,

I have received another court hearing for the other claim, which is claim 1. The previous hearing was for claim 2, so shall I proceed with the same WS I used for claim 2? Do I need to add anything new that could help?

Many thanks

Le_Kirk

Your witness statement is "in support of your defence as already filed" and therefore should be ............... in support of and back up whatever you put in your defence.  It is a narrative of what happened on the day and subsequently, written in the first person in your own words.  It happened to you so no one on here can write it for you.  Reduce the impact of anything negative and emphasise the impact of anything positive. It is also your chance to attach any evidence that you wrote about in your defence.  Read other witness statements to see what those posters wrote - particularly successful ones.
Therefore, whilst it is OK to use the same WS, it does have to back up whatever you put in your defence and surely the evidence will be different to the other claim.