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Defence mitigating circumstances
Comments
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Hi just wondering if you would be able to cast an eye over my defence and if its good to go please0
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What was your ISSUE DATE?
No point rushing this if you have time!
Post 29 you state it was a different date to when you were at the hospital, yet your start of the defence is the same as before. Please be very, very clear.
Dont say it was a "residential" road, just say you assuemd it was a normal public road. There was no indication it was private land.0 -
Hi the issue date was 26 July and so I was hoping to send today as I have worked out it would need to be received by 27th.
Yes I did Park there on the 13th however the court claim form and other correspondence from Gladstone shows the defence date as 19th0 -
Story so far....sent my defence royal mail special delivery, checked it was signed for then awaited next correspondence to come, in which I received a court paper saying I lost by default as no defence was submitted, immediately called the court at there request have resent defence (appeared they lost original documents) emailed yesterday to check new defence received and had an email back advising judge has set a side and if the claiments wish to proceed they will notify me., has this happened to anyone before? What's the likelihood of them coming after me again? Will they submit a new claim (in which case they may correct the date to the actual date the car was parked as originally they had this incorrect) or will it go on the original claim?0
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You will have to wait and see.
The set aside means the wrongly issued default judgment has been removed and if they reissue then you will get a new claim issued and will have to go through the process again0 -
So they are continuing to pursue, I have received the n18 (having read bargepole post on how to fill out) I have a quick question....if I put 2 witnesses (one being myself) and I have a letter from another witness will they be called or can I get them to just write the statement and present that without them attending?0
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The court can decide what weight (if any) to attach to a witness who does not attend.
Contrast: If your witness is plausible and goes to the effort of attending it's a fair bet the judge will accept their evidence.
That said defendant witnesses often fail to show, so it may not much matter.0 -
Ahh letter received last week with a court date early new year, still not quite understanding the skeleton argument and witness statement? Should it be produced 14 days before the court date along with copies to claimant?0
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Staceyplindfield wrote: »Ahh letter received last week with a court date early new year, still not quite understanding the skeleton argument and witness statement? Should it be produced 14 days before the court date along with copies to claimant?
Doesn't the 'letter you received last week' tell you when documents are required?
Time for you to re-read point #5 in Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ thread.0 -
I will re-read but unfortunately the court papers have confused me- (apologies) will see if I can get someone to cast eyes over, I think as its getting closer have lost some confidence!0
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