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  • FIRST POST
    • Jeannieee
    • By Jeannieee 4th Dec 19, 9:49 PM
    • 2Posts
    • 0Thanks
    Jeannieee
    Gladstones late witness statement
    • #1
    • 4th Dec 19, 9:49 PM
    Gladstones late witness statement 4th Dec 19 at 9:49 PM
    Hi all, I have been following the great guidance on the Newbies stickies and am up to the Witness statement stage. The week before I had everything pretty much ready to go as per the court instructions, "by 4pm 29 November 2019 the parties are to send to the court and each other a bundle containing the documents on which they intend ...".


    A few days before the due date I had a missed call while at work, which after research was from Gladstones. No message was left. I thought, "this is over" and went about my week.



    I then received in the post their WS. The envelope is postmarked 3 Dec as is their WS -i.e. they are late. However, thinking it was finished, I haven't sent my WS yet.


    What should I do now. I can't find anything in teh forums that covers this situation. Does their lateness merely invalidate mine (even though I will be later), is the situation worse than that, or is it positive and gives grounds for me to ask for it all to be dismissed?


    Thanks in advance for your support. I'll get the WS and copy off in the morning's post if you think I should.
Page 1
    • Redx
    • By Redx 4th Dec 19, 10:25 PM
    • 25,838 Posts
    • 33,255 Thanks
    Redx
    • #2
    • 4th Dec 19, 10:25 PM
    • #2
    • 4th Dec 19, 10:25 PM
    Just get it done , belt and braces approach , late or not , argue it in front of the judge if you are both late , but the court order tells you to do it , so do it , no buts

    Also note that it is not just a As , the order says all documents and exhibits , so you are at WS plus Exhibits plus costs schedule stage , 3 lots of items in your bundle

    One bundle hand delivered to the court

    One bundle posted to the claimant with proof of posting from the post office

    One bundle to take to court on the day

    So 3 bundles in total

    Never assume , it's dangerous and makes an @ss of u and me
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Jeannieee
    • By Jeannieee 4th Dec 19, 10:31 PM
    • 2 Posts
    • 0 Thanks
    Jeannieee
    • #3
    • 4th Dec 19, 10:31 PM
    • #3
    • 4th Dec 19, 10:31 PM
    Thanks Redx, I'll check to make sure I have everything and get it all sent in the morning.



    I can't hand deliver to court though. I requested a court 6 miles away and was allocated to one 50 miles away!
    • Redx
    • By Redx 4th Dec 19, 10:34 PM
    • 25,838 Posts
    • 33,255 Thanks
    Redx
    • #4
    • 4th Dec 19, 10:34 PM
    • #4
    • 4th Dec 19, 10:34 PM
    Then post it first class and add an apology as it's a week late already

    You should have followed the court order , the court has commanded actions by a deadline date and you haven't followed those instructions
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 5th Dec 19, 12:37 AM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #5
    • 5th Dec 19, 12:37 AM
    • #5
    • 5th Dec 19, 12:37 AM
    No, DO NOT ADD AN APOLOGY for lateness.

    You also need a costs schedule, and a supplementary WS like everyone does (read some threads right now about that).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 5th Dec 19, 10:59 AM
    • 5,960 Posts
    • 7,749 Thanks
    nosferatu1001
    • #6
    • 5th Dec 19, 10:59 AM
    • #6
    • 5th Dec 19, 10:59 AM
    Court isnt finished until you get a Notice of Discontinuance. Dont assume anything until you get that - or win at a hearing!

    As above
    DONT alert anyone to it being late
    Especially not Gladstones. Theyll likely just file it to be sent to their rep on the day, and may never have the intelligence to compare two dates to see it was late. So if they dont object, and likely the court wont if the C doesnt raise it, youre good to go.
    • The Deep
    • By The Deep 5th Dec 19, 12:11 PM
    • 15,977 Posts
    • 16,766 Thanks
    The Deep
    • #7
    • 5th Dec 19, 12:11 PM
    • #7
    • 5th Dec 19, 12:11 PM
    Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Redx
    • By Redx 5th Dec 19, 2:58 PM
    • 25,838 Posts
    • 33,255 Thanks
    Redx
    • #8
    • 5th Dec 19, 2:58 PM
    • #8
    • 5th Dec 19, 2:58 PM
    In view of comments above , just get it done , no apologies , apologise to the judge in person on the day if reprimanded about it in Court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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