G24 & DCBL - Parked Outside Marked Bay - Aug 2019 - Defense

Gr1pr

No, but the defence can put them to strict proof regarding signage etc

Le_Kirk

TheCornishRambler said:

I have today received a court date of the 4th of Dec. I believe this means the witness statements from myself (keeper) and the driver need to be submitted by the 20th of Nov.

Your Notice of Allocation will tell you the deadline for WS, sometimes it is a date and at other times it states 14 days before the hearing date.

TheCornishRambler

Gr1pr said:

No, but the defence can put them to strict proof regarding signage etc

Can i change or add to my defense after it has been submitted?

ChirpyChicken

TheCornishRambler said:

Gr1pr said:

No, but the defence can put them to strict proof regarding signage etc

Can i change or add to my defense after it has been submitted?

Not without a paid for application 

TheCornishRambler

I'l crack on with the current defence and just introduce it into the witness statesments somehow. Thanks all

Coupon-mad

TheCornishRambler said:

I'l crack on with the current defence and just introduce it into the witness statesments somehow. Thanks all

They'll discontinue this month anyway.

TheCornishRambler

I’m currently in the process of collecting the witness statement from my wife (the driver) and preparing my own.

Unfortunately, the deadline for DCBL to pay the court fee falls on the same day that our witness statements must be submitted. This means I’ll need to complete and submit them before knowing whether the case will actually proceed.

One issue I’ve run into is that my wife may be unable to attend the hearing to read her witness statement in person because she will be close to giving birth. I hadn’t fully taken this into account, as the window for giving birth is around three weeks before to ten days after the estimated due date—a very large window. At the time I had (perhaps overly optimistically) hoped that this whole matter would be resolved before then.

My question is: is there anything I can do to ensure my wife’s witness statement can still be presented if she cannot attend?

Alternatively, is it acceptable for me to summarise or recount her evidence within my own witness statement?

Coupon-mad

I would attach hers and yours and not comment on whether she can attend.

But wait until the last day because we strongly predict they'll discontinue!

Car1980

Unfortunately, the deadline for DCBL to pay the court fee falls on the same day that our witness statements must be submitted

Depends how you look at it. They intend to discontinue and are being unreasonable in letting you spend the time compiling a court bundle whilst they sit there doing nothing.

I'd get your witness statements sent in 3 days before the deadline and include a costs assessment (£24 per hour). 

Are you near the car park? Revisiting it to take photos of the signage (or even discovering there are none anymore) is another £24 per hour + 45p a mile return trip.

Will probably add up to £80 - £100.

After they discontinue you can write to the judge and complain about their unreasonable behaviour and that you have since discovered DCB Legal are clogging up the court system with these ancient G24 cases and never had any intention of taking it to a hearing etc. and that you request your costs are reimbursed by the claimant, quoting Orton v Barclaycard.

TheCornishRambler

WS writtten, but where on earth do I send it?

I don't have an email address for the court (who I'm atempting to call now)
or the DCBL solicitor as I've not received their WS statement either.