CCJ set aside granted — case now at hearing stage (PCM & Gladstones Solicitors)

Coupon-mad

Do mediation (a three minute phone call at the most) as per the three linked examples of what to say on the call, in the first 8 steps.

Lia_F

Hi Coupon-mad,

Hope you are doing well!

I have my hearing on 10/04/26. I have received today the claimant's witness statement. In my defence, I said my husband was driving the car. They now say that in the PCN appeal I said "I parked the car" so I changed what exactly occurred.

I have not received any correspondence from the court saying I have to fill out a WS.

Could you please advise me?

Le_Kirk

If you know your hearing is on 10th April, you must have received a Notice of Allocation, the date for submitting anything that you wish to be used - witness statement and evidence effectively - is usually stated (on page 2) or it might just state 14 days before the hearing. Check it.

Lia_F

NOT .jpg

NOT2.jpg

I do not see any mention to the 14 days

Le_Kirk

They are notices of trial date; did you not have a previous Notice of Allocation?

Lia_F

No, I did not.

Lia_F

@Le_Kirk could you please have a look to my WS?

https://docs.google.com/document/d/1AH9uh3pa-Ay4mU6NZasX6vf9NB2gdhvudEz2tpX0TY4/edit?usp=sharing

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81938566#Comment_81938566

It was a CCJ set aside case (successful set aside and fee repaid already) but you must have had directions to file & serve your WS and exhibits? Anyway, your deadline is likely 14 days before the hearing so that'll be due before 2pm tomorrow I would guess.

Your WS looks great! A couple of things:

• I would add a section near the start about Chan & Akande though, and reminding the court that Gladstones inflated the Claim by adding 10.25% interest which exceeds the top ceiling.  Not allowed.
• I would also add to point 18, the words about HHJ Moloney's judgment (lift them from the current Template Defence) and quote his para 3.4 from ParkingEye v Beavis which proves the added £70 is double recovery of the same heads of cost.
• I would add a section about PCM v Bull if the signs in their bundle look like this and form no contract. Search the forum for PCM Bull transcript and add it as an exhibit:

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html?m=1

Presumably their bundle has proved landowner authority? If yes then no need to mention that.

Lastly, this short statement of truth is 5 years out of date though. So change it:

"I believe that the facts stated in this witness statement are true."

Once you have emailed all that tomorrow, breathe! And please then change your thread title to something suitable for this hearing stage & state the PPC & Solicitor in the thread title as that context helps us help you.

1505grandad

Just checking - you will include the usual heading of name of court, Claimant vs Defendant etc at top of WS.

Lia_F

https://forums.moneysavingexpert.com/discussion/comment/81938944#Comment_81938944

@Coupon-mad
Many thanks. I was unable to include these points due to time constraints and had to submit the witness statement as it stood. May I request permission to file a short supplemental paragraph to the witness statement with the court? Is that possible?