PCN resulting in CCJ against my name – advice needed

Gr1pr

CM is on holiday,  but one aspect that struck me straightaway is that the very short statement of truth at the end is incorrect because it was changed about 4 or more years ago , so you must have looked at WS from several years ago,  not this year 

1505grandad

"4.4 The Court of Appeal decisions in Civil Enforcement Ltd v Chan and Civil Enforcement Ltd v Akande "

Also if you use the above cases in revised WS make sure you state the correct claimant 

Summerstorm25

Gr1pr said:

CM is on holiday,  but one aspect that struck me straightaway is that the very short statement of truth at the end is incorrect because it was changed about 4 or more years ago , so you must have looked at WS from several years ago,  not this year 

Thank you Gr1pr. Correct me if I am wrong but I have found and incorporated the following:

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

2.     I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Summerstorm25

1505grandad said:

"4.4 The Court of Appeal decisions in Civil Enforcement Ltd v Chan and Civil Enforcement Ltd v Akande "

Also if you use the above cases in revised WS make sure you state the correct claimant 

Thank you 1505grandad. My mistake.. I have now changed it to "CPMS v Akande".

Does anyone know if I need to include the referencing court cases as exhibits? If so, what is the proper way to do it? Can I just leave as is and assume the judge knows what they refer to?

Gr1pr

Summerstorm25 said:

Gr1pr said:

CM is on holiday,  but one aspect that struck me straightaway is that the very short statement of truth at the end is incorrect because it was changed about 4 or more years ago , so you must have looked at WS from several years ago,  not this year 

Thank you Gr1pr. Correct me if I am wrong but I have found and incorporated the following:

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

2.     I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

The usual one is ( no 1 and 2  ). So one paragraph at the end of the WS

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Date __________

Summerstorm25

I would appreciate some help filling in the N244 form.

What should I fill in for the box: Name of court (My local court? CNBC? How do I find out?)

5. How do you want to have this application dealt with?
Can I tick all boxes which include "at a hearing", "without a hearing", and "at a remote hearing", hoping I won't have to travel to attend a hearing?

6. How long do you think the hearing will last? (I have left blank)

7. Give details of any fixed trial date or period. N/A

8. What level of Judge does your hearing need? District Judge

9. Who should be served with this application? The Claimant (Is this right?)

9a.Please give the service address, (other than details of the claimant or defendant) of any party named in question 9. (I am not sure what this means?)

10. What information will you be relying on, in support of your application? WS, statement of case. (I have not ticked "the evidence set out in the box below".)

Le_Kirk

Your local court and you can use court finder on the gov.uk site
5. I would suggest at a hearing otherwise how will you get your case across properly?
6. One hour should be long enough unless it is a complicated case.
9. Correct
9a Are there any other parties (you are a party, the claimant is a party) involved, if not, then you don't need to give any address.
10. Yes that is your witness statement

Summerstorm25

Thanks Le_Kirk.

5. I have ticked the box for a hearing now.

9a. Is the claimant's solicitor Gladstones a party? Do I need to give their address?

10. I have below options to tick. I understand I tick the WS box, what about "statement of case" and "evidence"?
the attached witness statement

the statement of case

the evidence set out in the box below

Summerstorm25

Summerstorm25 said:

Does anyone know if I need to include the referencing court cases as exhibits? If so, what is the proper way to do it? Can I just leave as is and assume the judge knows what they refer to?

Can anyone kindly let me know?

Le_Kirk

Gladstones is the solicitor for the claimant so surely is covered in question 9.  The usual way to reference exhibits is to give them a unique number such as your initials, so in your case say SS_001/2/3 etc for Summer Storm and in the body of the witness statement you write (I am only using this as an example) "I was not parked but merely loading/unloading in line with Jopson v Homeguard 9GF0A9E - see SS_004 on page NN" and then you have a page or pages with all your exhibits listed in order.  Judges should be able to look up judgments if you supply the reference so you only refer to them but any other evidence you will have to provide in full.