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  • FIRST POST
    • uselesspleasehelp
    • By uselesspleasehelp 27th Oct 18, 10:31 PM
    • 127Posts
    • 29Thanks
    uselesspleasehelp
    Papers only claim
    • #1
    • 27th Oct 18, 10:31 PM
    Papers only claim 27th Oct 18 at 10:31 PM
    Please can someone help, I canít find anything on here about people getting a letter from Gladstones, with court forms attached asking for a papers only hearing. I saw,on Parking
    Pranksters site not do this and go for oral hearing, however my son was using my husbands car so the letters have been intercepted so he didnt see the fines. There were 4 that were ignored basically thinking it was a scam. My husband canít go to court, he would go beserk if he knew, I have sent claim forms back prior to this stating in the defence that the keeper wasnít the driver, but now have this come through, what will happen if I donít accept a papers claim? Will it still go to court?
Page 11
    • uselesspleasehelp
    • By uselesspleasehelp 13th Jan 19, 7:47 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    Thank you so much for making this clearer for me, Iím so sorry and grateful, Iím such a pain I know, but letís hope I manage to do this after all this .
    • Redx
    • By Redx 13th Jan 19, 7:52 PM
    • 21,881 Posts
    • 27,485 Thanks
    Redx
    Oh thank you so much for making this clearer, I’m sorry to be such a headache, I annoy myself so must infuriate you such helpful people. I will do my best to get this done, still not much idea what to say compared to everyone else’s,

    but can I add the pofa line, and the ones others have used as I did in my defence?

    Also I have just driven to the place and taken photos, should I not include those? There’s no visible signs.

    But also the friend has moved out and due to this are actually no longer friends anyway, so that’s a real pain. this has caused so much drama and stress to us. My husband won’t defend my son in court basically, and despite the fact he would get in trouble at the end of the day, he just won’t, it’s a long story about a not great relationship, i don’t even know what reason to give for papers only, another headache.
    Originally posted by uselesspleasehelp
    yes add the fact that hubby believes he is not liable under POFA2012 and in any case he was not the driver (in his WS)

    YES add photos of the SIGNAGE because those are EXHIBITS (EVIDENCE) as long as they support the case for the defence (poor and inadequate signage, photos are enclosed with these statements to prove the point and he was asked for evidence in the latest letter)

    he can state that he is too nervous to attend court , hence why he wants a judge to decide the outcome because he does not believe that he has done anything wrong as he was NOT the driver
    Last edited by Redx; 13-01-2019 at 8:16 PM.
    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
    • uselesspleasehelp
    • By uselesspleasehelp 13th Jan 19, 9:12 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    Could anyone confirm if I can use the usual defences that you would use in a defence as opposed to just the story of what happened? And if just the story how would I have numbered paragraphs if all a continuation of the facts, they arenít separate points as such, or am I missing something Iv already been told?
    • Redx
    • By Redx 13th Jan 19, 9:38 PM
    • 21,881 Posts
    • 27,485 Thanks
    Redx
    no , your husbands defence has already been filed and is with the court and cannot be changed

    the WS is about what happened and is the story as witnessed by the people telling it, so no point rehashing the defence, at this point the judge wants witness statements, not defence points

    a WS looks this this example from the NEWBIES thread

    https://forums.moneysavingexpert.com/showthread.php?p=72047642#post72047642 in post #46 near the end


    you need your husband to comply with what the court are asking for, they wanted a defence, he provided it , now they asked him in that recent letter to provide a witness statement and exhibits , so that is what I have told you to tell him to provide


    there is at least one witness statement that is his "story", plus in this case 2 further witness statements to support his story, plus those pictures etc


    do what the court ask to be done, not something else
    Last edited by Redx; 13-01-2019 at 10:00 PM.
    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
    • uselesspleasehelp
    • By uselesspleasehelp 13th Jan 19, 10:05 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    I have searched through all the witness statements but couldnít see one with any kind of likeness to our situation which made it hard. I have the initial layout for one but then nothing relates to them. Iím going to read back over what was said to me in the last few posts about what not to say, and somehow work out how to turn that into what I should say. I wish I could wake up and find Excatly what to say in intelligent terms like the others, mine will be embarrassing to,say the least. Also what is the best way to get these statements to Gladstones and the court? Post to Gladstones? (just husband and son statements nothing from the resident unfortunately.
    Last edited by uselesspleasehelp; 13-01-2019 at 10:09 PM. Reason: Missed part
    • Redx
    • By Redx 13th Jan 19, 10:22 PM
    • 21,881 Posts
    • 27,485 Thanks
    Redx
    nobody is asking you to copy those examples of witness statements, because yours will be different

    just set yours out in a similar manner, especially as we have told you what to do today in many posts

    you have been asked to post them on here so that people can make comments on how to get them into a proper WS, called critique (as in criticising them) , until you do this nobody can do this, even if you ask a million questions, the job needs to be done and posted so that people can help you with them, until we see them , nothing can be done , nobody is expecting you to write a HARRY POTTER best seller, or to be Enid Blyton


    due to you only having an IPAD I would suggest posting copies of the 2 WS + photos to GLADSTONES and actually taking your own to the court where you hand them in at some sort of reception desk , so hand in an envelope containing the 2 signed and dated witness statements plus also containing the photos which need printing first
    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
    • uselesspleasehelp
    • By uselesspleasehelp 13th Jan 19, 10:34 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    Brill, I understand and Iv borrowed a laptop, Iv never used one in my life so may take a while. I will then show you and prepare for the critique. I just wish I could use the intellect of people on here but never mind. Thank you Redx
    • Redx
    • By Redx 13th Jan 19, 10:39 PM
    • 21,881 Posts
    • 27,485 Thanks
    Redx
    excellent

    now have a look at the WS in this recent thread where he was not the driver

    https://forums.moneysavingexpert.com/showthread.php?t=5736464&page=3

    use that as a basis for the hubby WS, copy and paste it , edit out what isnt relevant but leave the numbering in

    in the numbers with blanks, write in your own details , one by one

    when complete and it tells the story and facts , renumber it so that it flows from 1) to say 10) or 15) or whatever


    then follow the same procedure for your son , but as he was the driver it needs to be told in that manner, what he saw , what he didnt see, what he was told and who by etc
    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 14th Jan 19, 1:00 AM
    • 68,624 Posts
    • 80,892 Thanks
    Coupon-mad
    he can state that he is too nervous to attend court , hence why he wants a judge to decide the outcome...
    But not in the Witness Statement!

    He writes his WS as if he is going to attend to lull the Claimant into thinking he will, and files that with your evidence (signage photos and the other two WS).

    Then 2 weeks before the hearing he writes a simple signed letter with the claim number at the top, addressed to the presiding Judge for claim xxxxxxxx, hearing on xx/xx/19, stating that he wishes the case to be heard in his absence and reminding the Judge that three WS and evidence were delivered personally to the court in a file, on xx/xx/19 (just on case the Judge hasn't been passed the file of WS and evidence!).
    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
    • Le_Kirk
    • By Le_Kirk 14th Jan 19, 10:18 AM
    • 4,351 Posts
    • 3,497 Thanks
    Le_Kirk
    uselesspleasehelp - I don't believe you are! You have managed to get this far (with our help) so just keep going. Now you are working on a laptop, things will be easier and clearer.
    • uselesspleasehelp
    • By uselesspleasehelp 14th Jan 19, 3:30 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    WItmess statement
    This is the statement from my husband for your critique. I hope I donít totally need to re write.
    • DoaM
    • By DoaM 14th Jan 19, 3:52 PM
    • 6,460 Posts
    • 6,308 Thanks
    DoaM
    Items 2, 3 and 4 are hearsay (came from a 3rd party) ... I'm not sure they can be used for your husband's WS. But wait for feedback from others who have more knowledge of your thread.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • uselesspleasehelp
    • By uselesspleasehelp 14th Jan 19, 3:57 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    The problem is it is hearsay from my son who was the driver, he too is doing a statement which will basically dupolicate this one, hopefully a bit more detailed or something, but was told this is basically how it will need to be done as the defendant wasn’t the driver at the time. Awkward situation really.
    • Le_Kirk
    • By Le_Kirk 14th Jan 19, 3:59 PM
    • 4,351 Posts
    • 3,497 Thanks
    Le_Kirk
    Items 2, 3 and 4 are hearsay (came from a 3rd party) ... I'm not sure they can be used for your husband's WS.
    Originally posted by DoaM
    I did wonder about this when I advised OP to ask husband to write his WS, however, the following seems to be true so, unless any of our legally trained posters replies from a position of knowledge, I would say submit it.

    In England and Wales, hearsay is generally admissible in civil proceedings, but is only admissible in criminal proceedings if it falls within a statutory or a preserved common law exception, all of the parties to the proceedings agree, or the court is satisfied that it is in the interests of justice that the evidence ...
    • KeithP
    • By KeithP 14th Jan 19, 4:06 PM
    • 13,685 Posts
    • 14,953 Thanks
    KeithP
    In that WS, the first time you mention 'my son' you should use his name.

    For example, perhaps the second sentence of paragraph 1 should be something like:
    The car was used by my son, Mr Joe Bloggs, who has given me what I truly believe to be an honest account of the dates in question.
    .
    • uselesspleasehelp
    • By uselesspleasehelp 14th Jan 19, 4:09 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    I’ll wait in the hope that someone will be able to advise on the step from here. My son has nearly finished his but isn’t sure what to say after receiving solicitors letters and basically ignoring them the general advice at the time was it’s just an invoice and scare mongering so ignore them which he did. Wasn’t sure if he should add that or not, or if there was any other reason he should give for not getting in touch with them etc
    • Le_Kirk
    • By Le_Kirk 14th Jan 19, 4:29 PM
    • 4,351 Posts
    • 3,497 Thanks
    Le_Kirk
    That's good advice from KeithP. As regards what your son should write, it should just be what happened to him on the day(s)when he parked there, pretty much along the lines of what your husband wrote as his point 4. No need to give excuses why he did nothing about the solicitor's letters.
    • uselesspleasehelp
    • By uselesspleasehelp 14th Jan 19, 9:25 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    Ok thank you. My sons pretty much done his statement so I will post that tomorrow.
    • uselesspleasehelp
    • By uselesspleasehelp 15th Jan 19, 8:05 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
    This is my sons statement and advice on what to say or change etc would be much appreciated.
    • uselesspleasehelp
    • By uselesspleasehelp 15th Jan 19, 8:07 PM
    • 127 Posts
    • 29 Thanks
    uselesspleasehelp
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