CLAIM DISMISSED - CLERKENWELL COURT 10.02.25

skintbutwantstosave

@Coupon-mad so I've had an email from the C Sols filing a supplementary witness statement, responding to my witness statement denying the account in the witness statement which I filed. They also said in their cover email their client won't be attending court. Are they allowed to file a supplementary witness statement ? The deadline to file statements was 31 December. 

Theyve also now filed land registry maps to the statement as exhibits to which they didn't prior
 Surely this can be struck out as the time submit evidence is out of time and now trying to play games by withholding information.

skintbutwantstosave

I  will upload in parts

skintbutwantstosave

Part 2 of statement 

skintbutwantstosave

Part 3 and exhibit of statement

skintbutwantstosave

Land registry exhibit which doesnt actually show which bit of the land NCM has been givne permission to manage 

skintbutwantstosave

Some of the buildings had not yet been built in 2019, the only agreement the C Sols have provided in their initial witness statement is a parking scheme between the NCM and a  management company which clearly shows the parking boundary and where the signs could be erected which is dated 2016. Where the car was parked was outside of the parking boundary - a site map which the C Sols included as part of their exhibits.

The fact that a 2025 land registry document has been exhibited, surely cannot be proof of land ownership from 2019, it also doesnt confirm that the management company had right to manage and enforce parking in that section. Hopefully the arguments within my witness statement still stand?

Coupon-mad

skintbutwantstosave said:

Some of the buildings had not yet been built in 2019, the only agreement the C Sols have provided in their initial witness statement is a parking scheme between the NCM and a  management company which clearly shows the parking boundary and where the signs could be erected which is dated 2016. Where the car was parked was outside of the parking boundary - a site map which the C Sols included as part of their exhibits.

The fact that a 2025 land registry document has been exhibited, surely cannot be proof of land ownership from 2019, it also doesnt confirm that the management company had right to manage and enforce parking in that section. Hopefully the arguments within my witness statement still stand?

Yep!

What you've said above is all true. Keep it for the hearing though.

Remember to also say that:

- the so-called 'witness' is a third party who hasn't bothered to attend the hearing;

- the second WS was late and neither of the statements was from 'the Claimant' so neither WS complies with the Hearing Order;

- in any event the claim should be struck out, pursuant to the two authorities of Chan and Akande (both appeals re boilerplate parking case Particulars of Claim). There is no excuse for non-compliant POC by saying "there was more detail on a letter sent years ago"! If that were true, there'd be no need for rules about POC at all and Claimants could just say "see a random letter we sent three/four years ago" which they clearly cannot get away with!

POC here:

Coupon-mad

Please edit your thread title to give the name of parking firm and solicitor firm and 'court hearing stage'.  It will help us when returning to your thread.

I see you already had £250 compo from the court service last year so you are quids in!

skintbutwantstosave

Coupon-mad said:

skintbutwantstosave said:

Some of the buildings had not yet been built in 2019, the only agreement the C Sols have provided in their initial witness statement is a parking scheme between the NCM and a  management company which clearly shows the parking boundary and where the signs could be erected which is dated 2016. Where the car was parked was outside of the parking boundary - a site map which the C Sols included as part of their exhibits.

The fact that a 2025 land registry document has been exhibited, surely cannot be proof of land ownership from 2019, it also doesnt confirm that the management company had right to manage and enforce parking in that section. Hopefully the arguments within my witness statement still stand?

Yep!

What you've said above is all true. Keep it for the hearing though.

Remember to also say that:

- the so-called 'witness' is a third party who hasn't bothered to attend the hearing;

- the second WS was late and neither of the statements was from 'the Claimant' so neither WS complies with the Hearing Order;

- in any event the claim should be struck out, pursuant to the two authorities of Chan and Akande (both appeals re boilerplate parking case Particulars of Claim). There is no excuse for non-compliant POC by saying "there was more detail on a letter sent years ago"! If that were true, there'd be no need for rules about POC at all and Claimants could just say "see a random letter we sent three/four years ago" which they clearly cannot get away with!

POC here:

Thanks I will email the court. 

Also I just realised when I deleted the xxx from my witness statement I didn't put my address so therefore not compliant. Can I resend and say that it was not added in error and apologise to the court?

Coupon-mad

No don't.  It is so minor that it is unimportant.