My CCJ was set aside. Have now received a Trial date for Sept. Please help me understand this situ

Bennyharvey

LDast said:

Bennyharvey said:
The claimant's witness statement is solely written and signed by a Gladstone's legal assistant. Do I cover this as preliminary matter in my witness statement that I bring to court?

Yes. It should be at the beginning of your WS and should this actually get to a hearing in front of a judge, you should raise this issue at the first opportunity.

I didn't know there was a chance it wouldn't get to a hearing with a judge...

With the witness statement, do I send it in to the courts beforehand or save it for the hearing on the day? I will raise the issue at the first opportunity, thank you.

Umkomaas

Bennyharvey said:

LDast said:

Bennyharvey said:
The claimant's witness statement is solely written and signed by a Gladstone's legal assistant. Do I cover this as preliminary matter in my witness statement that I bring to court?

Yes. It should be at the beginning of your WS and should this actually get to a hearing in front of a judge, you should raise this issue at the first opportunity.

I didn't know there was a chance it wouldn't get to a hearing with a judge...

With the witness statement, do I send it in to the courts beforehand or save it for the hearing on the day? I will raise the issue at the first opportunity, thank you.

You must comply with the deadlines set by the court for the submission of your WS, which must be copied to the court and the claimant's solicitors by that deadline. The fact you've received the claimant solicitors' WS suggests that you're late in submitting yours. 

You can't pull any rabbits out of hats at the actual hearing (aka 'ambush'). 

Bennyharvey

The Claimant's witness statement was their witness statement that was submitted before the CCJ hearing where the CCJ was set aside. That hearing was in January. The CCJ was set aside and now I have a trial date for mid September. I haven't received anything yet from the Claimant or their solicitor. 

I'll re-read my paperwork and get back to you on exactly what it requests ahead of September.

Coupon-mad

Yes it should state a deadline for WS and evidence. You can't just rock up to the hearing with the permit.  That is an exhibit and must be filed and served weeks in advance, along with the usual stuff, relevant court case transcripts etc.

You just need to read the WS section of the NEWBIES thread. All will become clear.

I did not know about the Watchdog & Rogue Traders PCM coverage. I will read up on this  Do I include reference to that in my WS & exhibits?

No. That was to show you who this lot are, so you don't give them so much respect.

You'll win. Your first point early in your WS should be that the sign DOESN'T stipulate 'front' windscreen.  Therefore - no breach. 

Bennyharvey

Hugely grateful to you all for your advice above, and for this forum too! 

I was unsure about the Witness Statement because I was looking for this information on the 'Notice of Trial Date' instead of the paperwork I'd received earlier where the Witness Statement is explained. 

I have until the 3rd of September to submit my WS. I've started writing mine now and have looked at the WS' recommended on the Newbies thread. I'll share my first draft once finished.

Yesterday I received the Witness Statement written by a paralegal at Gladstone's, I'll share a redacted version below.

Bennyharvey

Their defence point 3 states 'The Honourable Courts attention is also drawn to the fact that the permit exhibited to the defence remains attached to the issuing letter and it is therefore questionable whether it was ever removed and displayed in the vehicle.'

Here is the scan/image of the permit where you can clearly see where it's been folded and used! I never peeled it from the document because I folded it and placed it straight into a plastic pocket for displaying. 

Bennyharvey

I should add also that they are not attending the hearing. Their Paralegal's email to me read: 

"In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the upcoming hearing.

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted."

KeithP

Usually these parking companies and their lawyers leave the filing of their Witness Statement and evidence until the last minute.

Usually the Claimant and Defendant have the same deadline for doing that.

Having received the Claimant's Witness Statement and evidence suggests that yours is also now due.

Suggest that you check your documentation - specifically the Notice of Allocation to the Small Claims Track (Hearing) that you mentioned in your opening post - to confirm your filing deadline.

KeithP

Bennyharvey said:

I should add also that they are not attending the hearing. Their Paralegal's email to me read: 

"In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the upcoming hearing.

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted."

That is typical.

It does not mean that there will be no-one representing the Claimant at the hearing. An advocate will represent them at the hearing.

Bennyharvey

Thanks @KeithP. I've triple checked and my hearing date is 18th September. The deadline for paying the trial fee of £27 is the 21st August.

The Notice of Allocation to the Small Claims Track reads that each party must deliver all documents no later than fourteen days before the hearing. 

Am I missing something? I've been given no other dates than the hearing date of 18th September as per the Notice of Trial Date.