Claimant Witness Statement Deadline? |
Claimant Witness Statement Deadline? |
Tue, 20 Aug 2019 - 18:20
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#1
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Member Group: Members Posts: 52 Joined: 5 Oct 2017 Member No.: 94,368 |
So there's a little Court Case coming up and The Claimant has delivered their Witness Statement 1 day before the case is due to be heard. Would it be safe to assume that this Witness Statement can simply be ignored due to it being waaaaay past the two week deadline before hearing?
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Tue, 20 Aug 2019 - 18:20
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Tue, 20 Aug 2019 - 19:01
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You will have to bring it to the attention of the judge and ask that it be disregarded.
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Tue, 20 Aug 2019 - 19:04
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#3
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Member Group: Members Posts: 52 Joined: 5 Oct 2017 Member No.: 94,368 |
I certainly intend to do that as it is a clearly obstructive move on their behalf
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Wed, 21 Aug 2019 - 04:02
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#4
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Judge can decide to
1/ Disregard it and continue. 2/ Allow it. 3/ Adjourn. It's the Judges decision. Of course PPC's are well known for delivering it late, apart from anything else it allows them to add lots of new material when its too late for the defendant to counter it in their own WS unless they've had the foresight to cover all possible eventualities. Same case as http://forums.pepipoo.com/index.php?showto...6157&st=100 ? You'll need to ask a Mod to merge them if so. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 21 Aug 2019 - 07:02
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#5
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Explain that this is a clear berach of the order and you are CERTAINLY prejudiced in being able to prepare
Ask for it to be excluded, and as that means the C will have no proof of their claim, the claim should be struck out. This isalso clearly unreasonable behaviour - solicotr firm acting for them? If so go in even harder. |
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Wed, 21 Aug 2019 - 08:12
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#6
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Of course PPC's are well known for delivering it late, apart from anything else it allows them to add lots of new material when its too late for the defendant to counter it in their own WS unless they've had the foresight to cover all possible eventualities.
Also ask the court to strike it out if it's not a statement of facts but new legal arguments citing court cases and therefore not a genuine witness statement Doubly so if it hasn't included the text of the cases, that are often obscure and have nothing to do with private parking IIRC one company ParkingEye? used to include a case concerning the liability of the guarantor of a loan to build an oil refinery |
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