Newbie questions - Excel Parking

Gr1pr

1) no, your defence is already logged in the case file, so on record,  but you could elaborate on the points raised 

2) see 1) above 

3 ) just state your case, as a first person witness,  don't second guess anything 

The claimant has to prove their claim or they fail,  your WS is your version of events

Lemonhead39

Thanks. I am so looking forward to receiving their WS.

One other question, sorry. How can DCB Legal or the claimant submit a witness statement to something they did not witness?

I have updated the heading of my thread to account for the stage I am at.

Thanks

Car1980

Don't assume they won't discontinue even if they've paid the fee.

Coupon-mad

The hardest element of this is to guess what to defend in the WS. I bought a ticket which I have and the claimants own PCN shows the times of arrival and exit which are absolutely fine. I bought a ticket within two minutes of arrival. I am literally trying to guess what the contravention could be. I also have a ticket with 4 alphanumerics on it which matches my car and a ticket from an earlier visit which again showed 4 alphanumerics so Excel cannot claim I put the wrong registration mark in.

Put all of the above rationale into your WS, plus the two tickets to prove it is clearly a machine keypad error not your typo.

Also search the forum for HHJ Pema. Find that transcript of a circuit judge refusing a parking firm (Excel?) leave to appeal in a similar case. Add that as another exhibit.

Here's a very good, concise but damning WS that I really liked today:

https://forums.moneysavingexpert.com/discussion/comment/81555055/#Comment_81555055

Gr1pr

Tomorrow should be fine 

Definitely mention the discrepancies etc, pick holes in their WS

A driver is a first person witness and likely to be the only actual witness in any future hearing 

Although theirs is called a WS, It's really just a statement of what they believe to be true based on their exhibits and case notes

Lemonhead39

Oh no. I have spent all day writing a WS basically attacking the quality of their defence. I did not know they could submit another updated witness statement. Are they allowed to change their previously submitted evidence i.e. the contract witness statement above, if I criticise the quality?

Interestingly, Excel are attacking my defence throughout their witness statement.

Coupon-mad

Just use what you've written as your crib sheet for court, instead of alerting them in your WS. Keep this powder dry!

Yes, Excel (more than most other PPCs) just won't let cases lie and they always send a supplementary WS if there's stuff they want to rebut. So just don't say it yet!

Gr1pr

Lemonhead39 said:

1) Oh no. I have spent all day writing a WS basically attacking the quality of their defence Witness Statement.
I did not know they could submit another updated witness statement. Are they allowed to change their previously submitted evidence i.e. the contract witness statement above, if I criticise the quality?

2) Interestingly, Excel are attacking my defence throughout their witness statement.

1) Fixed that for you 

2) They always do 

Lemonhead39

Thanks for feedback Coupon-mad, Gr1pr and others. I have just seen your response Coupon-mad after I removed my draft WS. I am very appreciative of the support people here provide.

Coupon-mad

1. There is no actual cut off date (despite the deadline in the Order) because on the day it's up to the judge whether to allow a late WS. Whatever the judge says, goes. Hence why to keep your powder dry about things you have spotted in their bundle! You'll get your turn to speak.

2. You didn't need to use Chat GPT! There's stuff about costs and the CPRs in lots of defences including the current Template Defence.