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#Post#: 19016--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 4, 2024, 8:24 am
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That's just a POPLA appeal. Not going to impress a judge.
Have a read of this document, the bit about "Witness Statements"
is particularly useful:
HTML https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32
Here is another useful guide:
HTML https://www.wrighthassall.co.uk/knowledge-base/a-guide-to-preparing-witness-statements-for-clients
It is important that you put the correct headers in and sign off
with a Statement of Truth.
There are links to 5 exemplar witness statements in this thread
over on MSE which you should have a read of and use as a good
example:
HTML https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585
Here are a few of them to give you a guide:
HTML https://onedrive.live.com/view.aspx?resid=D45076F206E55709%21556&authkey=!AG7jsD4bncg5vdU
HTML https://drive.google.com/file/d/1G9ULcEMg_Z-Y5mbhpwR37T6TBGYFzn1O/view
HTML https://www.dropbox.com/scl/fi/umwm4jzp7csnmfz7hwv92/WS.docx?rlkey=u63ica7muz0zy6mpar1mfzyl0&dl=0
#Post#: 19079--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 5, 2024, 7:43 am
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Thank you [member=26]b789[/member]
I have drafted a new WS and attached it. I hope it reads better.
Thanks.
[attachment deleted by admin]
#Post#: 19081--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 5, 2024, 8:09 am
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Much better. However, I note some contradiction between what you
say in para 9 and para 12. Is stopping to "pick up" your
daughter "picking up" goods?
There are some formatting errors. Your heading needs fixing and
the individual headers on each page need fixing.
Para 37 starts with a random "two". Sort that.
Without going back through the whole thread, what are the
"reserved costs"? Was the original claim set aside?
#Post#: 19083--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 5, 2024, 8:25 am
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Thanks.
I have changed para12 from goods to passengers and fixed the
headers. I have deleted two from para 37, good spot!
The reserved costs were in the last doc so I thought it was a
general figure that is used to claim costs from the other side.
Should this be removed completely?
#Post#: 19084--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 5, 2024, 9:19 am
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Again, without trawling back through the thread, have you
already had a hearing of someone sorts, such as a set aside for
a default CCJ, where a judge has ordered that some costs you
previously claimed were to be "reserved" for the outcome of this
claim?
If not, then I have no idea what you are referring to in that
costs schedule.
#Post#: 19091--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 5, 2024, 10:58 am
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I haven't had any hearings or reserved costs awarded so I will
remove this line. I would like to add costs for the time taken
to prepare the papers and appearance at the courts. Can these
costs be added anywhere?
#Post#: 19093--------------------------------------------------
Re: Euro Parking County court letter
DIR By: b789
Date: April 5, 2024, 11:04 am
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The only costs you can order is up to £95 for attending plus any
travelling expenses and parking.
Should you manage to show that the Claimant has acted
unreasonably (a high bar to achieve), you could ask for more
costs but you are pushing it if you think you'll get much more,
assuming you win the case in a small claims hearing.
You need to try and understand what you have put in your WS as
you are likely to be questioned on any part of it. If the
Claimant can make you look stupid by showing you have only
copied and pasted from an internet forum without understanding
what it is you have put in your WS signed with a statement of
truth, you run the risk of being the party that has acted
unreasonable. Caveat emptor.
#Post#: 19099--------------------------------------------------
Re: Euro Parking County court letter
DIR By: DWMB2
Date: April 5, 2024, 11:53 am
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As above. It's quite reasonable to draw on good points others
have raised in previous witness statements, but it is your
statement. Read every point carefully, and make sure you'd be
able to explain it if asked to.
#Post#: 19198--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 7, 2024, 4:46 am
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Thank you both. I will read through it carefully and send it to
the courts this week ready for the hearing.
#Post#: 19262--------------------------------------------------
Re: Euro Parking County court letter
DIR By: BigPoppa
Date: April 8, 2024, 3:30 am
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I have had Gladstones paperwork through the post today. It says
that the terms and conditions were breached because -
'The photographic evidence shows the vehicle to be parked at the
entrance of the site during xxxxxx and xxxxx thus outside of a
marked bay causing an obstruction. The vehicle was therefore not
authorized to park at the site.'
There are no marked bays in this location. Is it worth changing
para 9 to -
I took care to park in a manner that I perceived as compliant
with the rules in the immediate vicinity as this layby does not
have any marked parking bays and was completely empty of any
other vehicles.
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