Court Claim received, need a little reassurance that I'm in the right direction

robertcox999 · 22 September 2020 at 11:59PM

Coupon-mad said:

Once you have done your submissions of the WS & costs to court and claimant's solicitor, can you please do this (below) urgently!

Thanks, and yes I'll get on it pronto.

For anyone interested, I have attached the (redacted) final version of my WS and exhibits in case anyone wanted to have a quick glance over it, but also to help others with the final assembly (assuming I've done it right) and to provide pictures of this specific car park.

For the sake of making it easier for people in a similar boat, I've attached my (redacted) defence here also, so it's all in one place.

And for forum searching ease, some keywords are HX car park management limited, Damside street, Lancaster, Gladstones solicitors, 10 ten minute grace period, witness statement, cost schedule, defence defense.

I've seen a few other threads with the exact same circumstances so no doubt there will be more to come!

bargepole · 23 September 2020 at 7:08AM

I see many Defences and Witness Statements on here, where people have blindly cut and paste paragraphs which have no relevance to their case, and which they would struggle to explain to a Judge.

Yours is the complete opposite; it tells the narrative of events clearly, so that a Judge reading it on the day of the hearing can readily see exactly what happened, and cites relevant legal points in the correct manner. The evidence exhibits fully support your arguments, and it would take a very biased Judge not to find in your favour.

If this was the GBBO, you would get Star Baker for this.

Umkomaas · 23 September 2020 at 8:15AM

bargepole said:

I see many Defences and Witness Statements on here, where people have blindly cut and paste paragraphs which have no relevance to their case, and which they would struggle to explain to a Judge.

Yours is the complete opposite; it tells the narrative of events clearly, so that a Judge reading it on the day of the hearing can readily see exactly what happened, and cites relevant legal points in the correct manner. The evidence exhibits fully support your arguments, and it would take a very biased Judge not to find in your favour.

If this was the GBBO, you would get Star Baker for this.

That really is gold dust praise.

Coupon-mad · 23 September 2020 at 10:59AM

We all agree - and yesterday I made that WS and costs assessment that @robertcox999 posted, the ONLY example in the NEWBIES thread, to show newbies what a WS and costs assessment should look like.

Ferrybird · 23 September 2020 at 2:12PM

@robertcox999 thanks for sharing this. I'm currently drafting my WS and defence and it's really helpful to see your examples. Good luck with your hearing 🤞🏻

nosferatu1001 · 23 September 2020 at 5:09PM

Brilliant work.

robertcox999 · 25 September 2020 at 12:19PM

Thanks for the praise everyone, a couple of late nights paid off it seems.

By the way, I emailed the court and they said I could just email the video evidence in. So maybe other courts would accept that too

robertcox999 · 25 September 2020 at 7:55PM

One more note, I drove past the car park today and discovered they have put brand new shiny signs and new payment methods in. Of most importance, they have put the new entrance sign angled where it can be seen on entry (unlike when I parked there).

Anyway, I sent my WS yesterday morning. If I record another video or take some pictures would it be too late to include as evidence? The deadline is Tuesday. Can I make amendments to the WS to mention it or should I just submit the pics with a brief note and explain them at the hearing? For example, saying how the new positioning of the entrance sign demonstrates that they must have thought the old positioning was insufficient - why else would they change it? Etc.

Umkomaas · 25 September 2020 at 8:06PM

Unless you try it, you'll never know. There's no penalty for trying (other than it not being considered). I think submit via a Supplementary WS.

Coupon-mad · 25 September 2020 at 8:10PM

Yes I'd say add a short Supplementary WS with evidence that they have changed the car park, taken to be an admission that it was inadequate.

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