Horizon Claim

[b789]

I suggest you submit the following to the court (and CC Gladstones) today:

IN THE COUNTY COURT AT NOTTINGHAM

Claim No: [CLAIM NUMBER]

Between:

HORIZON PARKING LIMITED
Claimant

-and-

[DEFENDANT’S FULL NAME]
Defendant

WITNESS STATEMENT OF THE DEFENDANT CONCERNING CLAIMANTS NON-COMPLIANCE WITH DIRECTIONS

1. I am the Defendant in these proceedings and a litigant in person. I make this witness statement concerning the parties’ compliance with the court’s directions for the service of witness statements and evidence.

2. The facts in this statement are within my own knowledge unless stated otherwise.

3. By the court’s original Notice of Allocation, both parties were required to serve their witness statements and documentary evidence by 4:00pm on 17 July 2026.

4. The trial was subsequently vacated and relisted from 20 August 2026 to 17 September 2026 following my successful application. The order relisting the trial did not state whether the original deadline of 17 July 2026 remained in force and did not provide a replacement deadline.

5. As a litigant in person with no previous experience of civil proceedings, I did not appreciate that the original evidence deadline might remain operative after the trial had been vacated and relisted. Upon becoming aware of that possibility, I acted immediately to clarify the position and to place this statement before the court.

6. The Claimant is a professionally represented commercial litigant. Its solicitors, Gladstones Solicitors Limited, conduct private parking litigation as part of their ordinary business and cannot credibly claim to have been unaware of the court’s deadline.

7. As at the date and time of signing this statement, neither the Claimant nor Gladstones Solicitors has served upon me any witness statement or evidential bundle in accordance with the deadline of 4:00pm on 17 July 2026.

8. The Claimant has therefore failed to comply with the court’s express direction. It has also failed to provide the particular evidence which the court specifically ordered it to produce, including evidence of the alleged contracts, its authority to operate and litigate, readable photographic evidence, particulars of the alleged breaches and a proper explanation of the sums claimed.

9. The absence of the Claimant’s witness statement and evidence materially obstructs my ability to prepare my own complete evidence. I do not know which documents, alleged contractual terms, witness evidence or factual assertions the Claimant intends to rely upon at trial.

10. This is particularly prejudicial because the Claimant’s Amended Particulars of Claim advance several alternative and inconsistent bases of liability, including alleged driver liability, keeper liability under Schedule 4 of the Protection of Freedoms Act 2012, a purported presumption that I was driving, and alleged vicarious liability.

11. The Claimant should not be permitted to obtain a tactical advantage by withholding its evidence beyond the court-ordered deadline and then serving it after the Defendant has been forced to disclose their case without first seeing the evidence relied upon by the Claimant.

12. CPR 32.10 provides that, where a witness statement is not served within the time specified by the court, the witness may not be called to give oral evidence unless the court gives permission. The Claimant should therefore be prohibited from relying upon any late witness statement or calling any witness whose statement was not served by the deadline unless it first applies for and obtains relief from sanctions.

13. Any application by the Claimant for relief from sanctions should be supported by proper evidence explaining the default. Administrative convenience, bulk litigation practices or oversight by its professional representatives should not be treated as sufficient justification.

14. I respectfully ask the court to ensure that the parties remain on an equal procedural footing. It would be unjust and contrary to the overriding objective for a professionally represented claimant to disregard an express direction and then be permitted to ambush an unrepresented Defendant with late evidence.

15. Insofar as permission is required for the late service of this statement, I respectfully seek such permission. My delay arose from the ambiguity created when the trial was vacated and relisted without any express reference to the existing evidence deadline. I acted promptly upon appreciating that the original deadline might remain operative.

16. In contrast, the Claimant was professionally represented throughout, knew or ought to have known of the deadline, and has provided neither its evidence nor any explanation for its failure to comply.

17. I respectfully request that the court make the following directions:

a. The Claimant may not rely upon any witness statement or documentary evidence which was not served by 4:00pm on 17 July 2026 unless it first applies for and obtains relief from sanctions;

b. Unless the Claimant serves its complete witness statement and evidential bundle, together with any application for relief from sanctions, within seven days of the court’s order, the claim shall be struck out;

c. The Defendant shall have 14 days after service of the Claimant’s complete evidence to serve or supplement the Defendant’s substantive witness statement and evidence;

d. Any evidence served late by the Claimant without permission shall be excluded from consideration at trial;

e. The costs occasioned by the Claimant’s non-compliance shall be reserved, with liberty to the Defendant to seek those costs at trial.

18. Alternatively, if the court does not make those directions immediately, I ask that this statement be placed before the trial judge when considering the admissibility of any late evidence, relief from sanctions, case management and costs.

STATEMENT OF TRUTH

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: [DEFENDANT’S FULL NAME]

Dated: