OPS/DCB(L) 2xPCN's PAPLOC Now claimform - Machine said Not In Use - Llangrannog (Beach) car park, West Wales *** Claim Dismissed***

[ghedgehog]

WS now sent to Claimant. I'm not sure I can send a copy to the court via email? There is no email address indicated on any of the correspondence I've received from them

[dx100uk]

ring the court monday ask for the email address to send witness statements too regarding a MoneyClaim case number xxxx

[Gick]

Monday is a Bank Holiday, so wait until Tuesday. 

[FTMDave]

Is there really nothing on the Court paperwork? 

And does not Googling that particular county court produce any results? 

[FTMDave]

Did you manage to file with the court OK?

[ghedgehog]

Hi Dave, yes, I found a general enquiries email address for the county court and sent the WS to that, but also printed it off and went into town and took it to the court in person, so hopefully I'm covered

[FTMDave]

[ghedgehog]

DCBL have just sent a "supplementary witness statement". Way past the deadline for that surely? I haven't read it yet

[FTMDave]

Probably bilge, and you can certainly ask the court not to allow it as evidence. 

But please post up.

Nice to see them panicking

[Nicky Boy]

Sent by Royal Mail, I hope?

[ghedgehog]

Here is their supplementary WS

Supp Witness Statement OPS-DCBL Redacted.pdf

[FTMDave]

Thanks.

There's not a lot there, just a desperate attempt by Harry to pretend there were no problems making payment.

You have a choice now.  You can either do your own SWS.

Or you can invite the court to refuse the SWS due to it being filed after the court's deadline.  It doesn't make much difference.  Personally I'd be tempted to do the latter. See what the others think.

Am I right in thinking you live near the court and could hand deliver a letter?

 

[Nicky Boy]

Supplementary ws indeed!

I think Hedgehog has put in more than enough effort already.

Why put him/her to the trouble and effort of writing yet another WS?

This could go on ad infinitum...

The fleecers had their chance to make their case and obviously now think they've blown it!

I say ask for their latest missive to be thrown out... 

[ghedgehog]

Yes, thank you, I don't feel inclined to write another WS. The hearing is 90 mins. There'll be time enough to respond to their points, surely?

[Nicky Boy]

Won't need to if you get the judge to disallow it...

[Nicky Boy]

1 hour ago, FTMDave said:

Am I right in thinking you live near the court and could hand deliver a letter?

Dave obviously has the idea of writing an objection?

[FTMDave]

I tend to agree with both of you.

I was thinking that, if it's not took far for ghedgehog, that they could pop a letter into the court FAO the judge, inviting the court to refuse the SWS as evidence as it was submitted far after the court deadline and when both parties had already had their say.

Good to see Harry wetting himself when faced with the BPA/TripAdvisor/press stuff and desperately trying to argue that black is white.

[FTMDave]

I see the hearing is 12 September.  It's not on to be sending fresh documents only six days before the hearing.  A letter should go to the court - if not too inconvenient for the OP.

[AndyOrch]

A witness giving oral evidence at trial may with the permission of the court amplify his witness statement and give evidence in relation to new matters which have arisen since the witness statement was served: rule CPR 32.5(3).

Permission will be given only if the Court considers that there is good reason not to confine the evidence of the witness to the contents of his witness statement: rule 32.5(4). (b) A supplemental witness statement should normally be served where the witness proposes materially to add to, alter, correct or retract from what is in his original statement. Permission will be required for the service of a supplemental statement.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.5

 

[Nicky Boy]

So, no permission sought or given.

Presumably this cpr should be quoted in any letter to the courts regarding refusing the claimants SWS?

[AndyOrch]

Correct....and normally one party seeks agreement from the other to submit SWS.

BTW SWS can be served as late as 3 days pre hearing (assuming both parties are in agreement ) which then does not require the courts permission.

 

 

.

[ghedgehog]

I am pleased to report that at the court hearing today, the judge ruled in my favour

[ghedgehog]

I clicked on the Donate link and it's taken me to a page to donate to Reclaim the Right Ltd. Please can you confirm this is indeed you

[honeybee13]

Great, well done you. 

Could you tell us more about how it went please?

HB

[ghedgehog]

Some more detail on the court hearing, which you may be interested in

1. The hearing was delayed by an hour and a half, as they managed to schedule 2 cases to be heard in the same courtroom at the same time
2. The claimant was represented by a young solicitor, who I think works for a local law firm
3. The judge was distinctly unimpressed that the claimant did not attend the hearing in person
4. The judge hadn''t received the claimant's SWS and hence disallowed it as it was sent after the 14-day deadline
5. The judge's summing up was very detailed and lengthy, and not until the very end could I tell which way the verdict was going to go
6. In short, he decided in my favour, as he believed I had made a genuine attempt to pay for parking, but had been unable to do so
7. One other point of note - the claimant's solicitor alleged that every other motorist was able to pay via JustPark on 03/05/2021, which I rejected, quoting §11 of my witness statement (which you wrote for me). The judge asked me why I didn't request the information as to what PCNs were issued on that day via a Freedom of Information Request, to which I replied that I wasn't aware I was allowed to do that