Judgement for Claim (in defalult) - PCM & Gladstones

MORB · 30 March 2018 at 1:31PM

@Johnersh - The statement sounds like a great idea. I will draft something and post it here.

Who would I address the statement to ? Also at the hearing what is the appropriate way to address the DJ?

Thanks

Quentin · 30 March 2018 at 1:55PM

Sir/Madam will be fine

[Deleted User] · 30 March 2018 at 4:38PM

Witness statements are not addressed to anyone, but presented in the format below.
https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

The statement should be served no later than 7 days before the hearing on the Claimant and filed with the Court.

A district judge is always Sir or Madam.

The advocate for the Claimant may be referred to as "my friend" or as Mr Smith etc. For example you could say, whilst my friend has suggested I ignored the proceedings, that is quite incorrect....
If it sounds counter-intuitive to call your opponent a friend, all I will say is that it is a useful device if you forget their name

MORB · 30 March 2018 at 11:59PM

I now have pics of the site relating to this claim that show:

1) No notices in the loading bay where I was stopped
2) No double yellow lines painted in the bay. They are present in all other positions where restrictions are in effect on the site.
3) The notices that are present are fixed so high and the font so small as to not be readable from ground level.

I presumes these pictures should be sent with the statement?

The above may however be moot as I had stupidly misread Johnersh's prior advice and believed the statement was to be served IN the 7 days prior to the hearing (next Friday!) not before.

Is it still worthwhile sending the statement? If so, should I reference part 13 of the procedure rules there or save that for the hearing as a preamble?

nosferatu1001 · 31 March 2018 at 12:14AM

Yes, send photos in to support the poor signage.

Yes of course send the statement anyway. The C isn!!!8217;t disadvantaged in anyway as it!!!8217;s all elements they knew about in advance of your ws - their own signage, case law etc.

Coupon-mad · 31 March 2018 at 12:23AM

Hang on isn't this a set aside hearing? Not the actual claim hearing? (although you can push for the case to be struck out by showing you have a strong defence position and the claim was without merit from the outset).

You don't send anything in advance for a set aside hearing. You've done a WS with your N244 already.

You must (after the claim is set aside, before leaving) ask the Judge for an order that states that if the Claimant discontinues, or fails to serve documents and continue with the claim after the set aside, they will be liable for your £255 costs and your costs for attending the hearing.

If the Judge says costs will be reserved say 'yes, I understand that, Sir/Madam, but I am concerned about private parking firms and their robo-claim solicitors, who check no details whatsoever before filing claims, do not turn up at set aside hearings and reportedly then just discontinue such claims, leaving consumers £255 (plus travel, parking and loss of salary/leave costs) out of pocket for the set aside, with no way to reclaim those costs for overturning a CCJ that had no merit at all in the first place...'

nosferatu1001 · 31 March 2018 at 12:27AM

Or just include the draft order found elsewhere on here - as part of the application it asks you to make a draft order

It!!!8217;s the !!!8220;if the claimant discontinues then para 2 no longer applies!!!8221; one.

MORB · 31 March 2018 at 12:47AM

@Coupon-mad you are correct this is the set aside hearing and WS and N244 were served.

As I understood it from Johnersh's post this is a supplemental statement that fleshes out why I believe I have a real prospect of successfully defending the claim. Particularly as I now have photos and the afore mentioned email from the co founder of the company I worked for stating:

To whom it may concern,

I hereby confirm that Mr. xxxxxx, whilst an employee of xxxxx Ltd had explicit permission to stop, load and unload on the grounds and in the vicinity of at our head office, Unit xxxxx, London NWxx xxx. This included but was not limited to the loading bay, to which we have sole & exclusive access and use.

Furthermore, during the month of February Mr xxxxxxx was allowed to temporarily use a xxxx ltd. parking permit to park in one of the allotted spaces reserved for xxxx ltd on the grounds of the building.

Should you wish to clarify anything further please feel free to reach out to me via my email xxxxxxxxxx.

Regards,

This and the photos are new pieces of information to substantiate my claim that I believe I have a real prospect of successfully defending the claim. Does this have any bearing on whether I should send a supplemental statement?

Thanks also for your note on what I should say re the court fee and other costs.

MORB · 1 April 2018 at 8:55PM

Hope you're enjoying the Easter BHW all.

What is the consensus on the above? Apologies, to push but time is running short.

Thanks.

nosferatu1001 · 1 April 2018 at 8:58PM

It!!!8217;s unlikel6 to hurt so in the absence of anyone contradicting, send it in.

Judgement for Claim (in defalult) - PCM & Gladstones

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