Preparing Defence

Darcy_1966

10Conclusion

CPR Costs

xxix. My Company claims the claim issue fee, fixed costs pursuant to CPR 45, and the hearing

fee in any event.

xxx. In the alternative to the contractual costs set out above, my Company reserves the right to

claim additional costs pursuant to CPR 27.14(2)(g). This claim was issued as a last resort,

and given the robust appeals procedure in place, should not have been necessary. It is my

Company’s position that this is unreasonable behaviour and it is respectfully requested that

the Court considers whether they conclude the same.

26. It is my respectful submission that the Defence is entirely without merit and as such it is requested

that the Defence is struck out and Judgment awarded in favour of my Company, payable forthwith.

27. I may not be able to attend the hearing. Should this be the case, I will instruct an advocate to attend on

my behalf and ask that the Court accepts this as my written notice given pursuant to CPR 27.9(1).

Should I be unable to attend, I request the Court decides the claim in my absence, taking into account

this Statement and any other evidence I may file. This paragraph demonstrates my compliance with

paragraphs (a) and (b) of CPR 27.9(1).

28. In the event an advocate does attend the hearing, I request their fee be added to the amount sought 

Please can you guide me on what evidence she needs to submit

Many thanks 

Gr1pr

Its their Witness statement,  not defence  ( unless there was a counterclaim   ?  )

The defendant submitted their defence months ago

Darcy_1966

Yes it’s their witness statement I have just posted from where they have the heading defence

Le_Kirk

If the claimant has prepared and sent their WS to you, it must be due soon, have you completed your WS ready for submission?  When is the deadline?

Coupon-mad

Darcy_1966 said:

Yes it’s their witness statement I have just posted from where they have the heading defence

We don't need to see these template WS from this useless industry because they are already on the forum and you can search for a few words to find this already discussed!  As long as your WS and exhibits are already filed and served, you are ready for your hearing.  See the hearing tips in the NEWBIES thread.

Darcy_1966

Le_Kirk said:

If the claimant has prepared and sent their WS to you, it must be due soon, have you completed your WS ready for submission?  When is the deadline?

Hi the 18th August is the deadline I haven’t completed it yet but I intend to do it over the weekend 

Darcy_1966

Coupon-mad said:

Darcy_1966 said:

Yes it’s their witness statement I have just posted from where they have the heading defence

We don't need to see these template WS from this useless industry because they are already on the forum and you can search for a few words to find this already discussed!  As long as your WS and exhibits are already filed and served, you are ready for your hearing.  See the hearing tips in the NEWBIES thread.

I do find you so rude in your responses not just to myself but to others who are seeking help it doesn’t take a lot to be pleasant 

Coupon-mad

Oh! So sorry if it came across that way.

Not intended - please don't think I was being unhelpful by saying that we don't need to see their WS! The written word can be taken very differently than if we were talking face to face.

It's true that I quite often signpost people to search for some words from a template letter (rather than show us) but there's good reason for saying that. By searching, you find your exact Claimant's WS already torn apart by others who have done this before you, so it saves a panic about doing your WS from scratch. By searching you'll find examples already done and how cases were won and you can also copy chunks of their WS.

Look how easily your thread slipped down with you being (perhaps?) left feeling none the wiser as to what to put in the WS, due today. That's because searching & copying a good one really is the best way to do a WS. 

We really really encourage you and the Defendant to attend the hearing because even if the case is lost, you'd pay a fair bit less than the claim. The Defendant can even state that they offered to pay £20 to settle it before litigation but it was refused. Many judges would consider that unreasonable of the Claimants, given they'd offered to settle at £20 mere weeks earlier, and even if the judge decided the signs were clear enough it's quite possible the judge will take the early offer into account and say the D should only pay £20.

Judges are usually very kind and take time to explain everything and they listen. 

Cases are rarely lost (as long as you attend and are heard). Here's the latest win today: the Claimants didn't even show up and the Defendant got awarded £145 costs:

https://forums.moneysavingexpert.com/discussion/6624357/outcome-from-court-vs-national-car-parks-ltd#latest