Help with Defence against DCB Legal - confused about the template

Coupon-mad

You won't get more Directions. Are you sure your deadline wasn't in the earlier 'Notice of Allocation', where it usually appears?

mamqa

@Coupon-mad
no - I posted that here on 28 September at 2:41PM - there's no deadline for a witness statement mentioned? The hearing date given is January 2025.

"5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with

the directions may result in the case having to be adjourned and the party at fault having to pay costs.

The following Directions apply to this Claim: 6) Each party must deliver to the other party and to the court office copies of all documents on which that party

intends to rely at the hearing no later than fourteen days before the hearing.

7) The original documents must be brought to the hearing.

8) Because the claim includes a claim for hire of a replacement vehicle: a) The claimant shall be debarred from relying upon the fact of impecuniosity for purposes of determining the appropriate rate and period of hire unless the documents to be served by the claimant include the following

documents which are in his control: i) copies of the claimant's wage slips or equivalent documentation evidencing the approximate level of available income to the claimant for the period of three months pre-accident and coving the period of hire; and

ii) cope bank and credit card statements for a period of three months pre-accident and covering the period of hire. b) Each party has permission to rely on a short survey of 'spot' hire rates in the claimant's locality. Those factual surveys must be incorporated in or exhibited to a witness statement. The witness statement must include the

following facts:

i) who conducted the survey;

ii) when and in what way the survey was conducted; iii) whether the survey established that equivalent vehicles were available for hire and the cost of the hire (to be

set out in a concise schedule); iv) whether there is any evidence to suggest that an equivalent vehicle would probably have been available at the

time of the commencement of the hire. 9) The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the

other party as required by this Order. 10) The documents to be sent to the other party and the court must include the statements of all witnesses (including

the parties themselves).

11) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages; d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that

effect); and

e) Be signed by the witness and dated. 12) If a witness is unable to read the statement in the form produced to the court, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter

is available. 13) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not

been prepared and copied to the other party and the court in accordance with the paragraphs above. 14) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this

Order and seek permission, giving an explanation why the assistance of an expert is necessary. 15) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee or application for help with fees) to arrive within seven days of service of

this Order."

KeithP

Doesn't number 6 on that Notice of Allocation have your answer?...

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

Those documents on which you intend to rely are your Witness statement and evidence.

And on 7 October at 1:39PM you showed us a Notice of Trial Date.

Coupon-mad

That's exactly it.  Normal wording & deadline.

there's no deadline for a witness statement mentioned?

Oh yes there is!

mamqa

Oh so by mid-December I need to send someone the witness statement, given the hearing is in January 2025? It's not within 14 days of notice of trial date is it, it's saying within 14 days of the hearing date? @Coupon-mad @KeithP

Gr1pr

Only you know the date of the hearing, in court, in January, so count back 14 days and that is the deadline for both you and the Claimants lawyers to exchange your WS bundles, plus for both of you to submit those bundles to the county court listed on the paperwork. ( That 14 days before is the typical deadline. )

As I have previously stated, redacting the dates does not help us to help you 

Lets assume that the hearing date in your local civil court is the 20th of January 2025 , then the exchange and submission date for both sides is 6th of January 2025

Simple 

mamqa

Cheers @Gr1pr - as mentioned the only reason I was redacting dates was so I can't be identified by DCB Legal etc. putting 2+2 together. 

Gr1pr

mamqa said:

Cheers @Gr1pr - as mentioned the only reason I was redacting dates was so I can't be identified by DCB Legal etc. putting 2+2 together. 

I understand that aspect, but you are here wanting advice and shackling us with having to deal with redacted dates, you seem to have missed that point 6) that was pointed out to you, and then querying actions in December and thinking that there is a difference between the word trial and hearing 

Just go with the 12 steps and the facts, read your paperwork properly, comply with the deadlines too ( you are complicating the process unnecessarily instead of taking the logical steps. ). you chose to represent yourself, so you must learn the process, study the paperwork properly and do your job as a Litigant in Person 

Coupon-mad

Hearing = trial

mamqa

I'm in the locality of where I was fined this weekend. Intending to go there and take pictures in preparation for the witness statement. Any pointers as to what to take pictures of?

Also, does anyone have a link to a 2024 witness statement template? The one I found in threads having looked around is from 2021. Still relevant/up-to-date today?