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Court hearing - Gladstones Solicitors - P4Parking

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  • Coupon-mad
    Coupon-mad Posts: 132,159 Forumite
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    it's just the story of what happened, dead easy! Plus all EVIDENCE you want to rely on (see NEWBIES thread where typical evidence is listed...).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nameless
    Nameless Posts: 107 Forumite
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    Thanks guys, I got it now - Ive drafted my WS and thereafter written some points for my defence:

    https://www.dropbox.com/s/19qz8kca4ytm3xw/Witness%20statement.docx?dl=0

    I would appreciate some feedback on both.

    Also, can I email my WS to the court and the claimant? Claimant emailed me their WS.

    Lastly, do I also send them my defence or just WS?

    Thanks guys really appreciate your help.
  • Le_Kirk
    Le_Kirk Posts: 22,336 Forumite
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    Looking at your WS, in your point 4. you have an extra "that."

    Still not sure why you are trying to send a WS and a defence at the same time. Surely your defence has already ben submitted!

    The court documents will tell you where to submit your WS.
  • Nameless
    Nameless Posts: 107 Forumite
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    Le_Kirk wrote: »
    Looking at your WS, in your point 4. you have an extra "that."

    Still not sure why you are trying to send a WS and a defence at the same time. Surely your defence has already ben submitted!

    The court documents will tell you where to submit your WS.

    Thanks for that.

    I sent my defence originally via the money.gov portal. Can I not add to my defence now? I am going to separate my defence and WS just put it together for feedback.
  • Coupon-mad
    Coupon-mad Posts: 132,159 Forumite
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    No you can't add to the defence, and you don't resubmit it now.

    Just take a copy with you to the hearing along with everything else, evidence and WS that you are submitting now.

    The WS can 'expand' on the defence, so it's kind of adding to it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nameless
    Nameless Posts: 107 Forumite
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    Coupon-mad wrote: »
    No you can't add to the defence, and you don't resubmit it now.

    Just take a copy with you to the hearing along with everything else, evidence and WS that you are submitting now.

    The WS can 'expand' on the defence, so it's kind of adding to it!

    thanks for that - so technically my defence points can I add them to my WS? or does the WS need to stay simple as in the examples found in the newbies thread?
  • Coupon-mad
    Coupon-mad Posts: 132,159 Forumite
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    It's a bit of both...if you think you need to add to the defence, think how to wheedle it into a WS! What are you worried you didn't have in defence?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 22,336 Forumite
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    Just read posts #41, 42 & 46 which tell you what a WS is plus search for other WS in the forum.
    so technically my defence points can I add them to my WS?
    Coupon-mad wrote: »
    No you can't add to the defence, and you don't resubmit it now.

    Just take a copy with you to the hearing along with everything else, evidence and WS that you are submitting now.

    The WS can 'expand' on the defence, so it's kind of adding to it!
    If, as C-m says, you are clever, you can enhance your defence with skilful presentation of the WS but you cannot add a defence point that wasn't submitted with the original defence. Although, you can but it costs a fee of £100 and you have to make an application to the court.
  • Nameless
    Nameless Posts: 107 Forumite
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    Coupon-mad wrote: »
    It's a bit of both...if you think you need to add to the defence, think how to wheedle it into a WS! What are you worried you didn't have in defence?

    I think Ive got it all in there but not worded in the best form from what I can remember.

    The claimant added a defence in their witness statement - first part was WS and then it states 'defence' is that allowed? Are they not technically adding to their defence at this stage?

    Lastly, in the witness statement (https://www.dropbox.com/s/0dgff924vhbkx5v/Bundle%20the%20approved%2C%20signed%20statement%20with%20the%20exhibits.pdf?dl=0)

    the claimant between points 9-13 argues that - as there was no rebuttal of who the driver is and no driver was nominated it is permissible for them pursue the registered owner of the vehicle.
  • Nameless
    Nameless Posts: 107 Forumite
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    Also, things like issues with the contract, I could not have written in my defence, as I only received the witness pack with these documents last week.
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