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Hartley Hare

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About Hartley Hare

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  1. No witness statement was sent after the allocation to the small claims court. I contacted the court by phone this morning and was advised to send an email explaining the situation which I have done and it has been/will be passed to the judge. I was initially fast tracked on the cancer 2 week NHS NICE referral system and I have been progressed through the system. i'm still under the hospital, fortunately it does look like the issue is not cancer but it certainly took my mind off a 'no stopping' PCN. The email and PDF witness statement from BW legal which arrived yesterday after returning from the hospital brought this back into focus. I also received a phone call with a VM to call BW legal.
  2. Update, I have a small claims court hearing in 13 days and I received a 35-page document, including witness statement and camera locations. They also have a contract between the landowner and claimant. I know I haven't correctly followed the recommendations from advice previously given on here (I have tried but got the incorrect forms or misunderstood what I was doing). I wish I had paid the original fee now, but this was never about the money, it was that I had done nothing wrong. Anyway, moving on. I have been under the hospital now for the past few months which has really distracted me from following this up further and I have missed the 14-day deadline to supply the other party further documental evidence that could support my case. I have contacted the court asking if I can present photos and a statement on the court hearing day and sent copies of my hospital appointments apologising/explaining my situation. Can I just present to the court the situation which occurred? Any advice from here at this late stage would be greatly appreciated & thanks for previous help.
  3. Thanks, followed the advice you advised from ericsbrothers post below. Re: PPM/Gladstones claimform - PCN - residential parking galena and topaz apartments Hounslow taking the points by number 1. no Mediationicon 2 yes- if you choose any other option the costs can be high. likely to be ordered as small claimsicon anyway unless there is some discrimination issue (disability for example) 3 you can only speak for yourself unless there are 200 claims going on at the same time or have been issued. Then you can go for a class action. Best left to lawyers. 4 it will automatically allocated to your nearest court unless you specify you want it heard elsewhere (near to work for example) 5 you arent bringing in experts to testify so no. If you want to get neighbours to act as witnesses then you do that as sworn statements and attendance when you exchange your papers with the claimant as ordered by the court. this is ages away. The reasons you quote are irrelevant so dont bother if that is the sum of it- this is all about CONTRACTS, not parking.
  4. I have only just seen this last post from Eric's brother I have been abroad & was waiting for correspondence from court. I have returned to a 'notice of proposed allocation to the small claims track'. Any advice would be appreciated if have to respond by 17th October. Cheers
  5. So no point in my asking for CPR again? Anything else i should do in the mean time? Thanks
  6. I thought i was requesting the agreement document that they (allegedly) had with Peel Holdings to police this area of road way & deleted the sections i thought were not applicable. Obviously this was wrong. Is there anything i can do now to rectify this or is it too late? Thanks I received an acknowledgement of my defence from the court this morning. But i'm not sure how much good that will do now with the incorrect CPR?
  7. i edited the template from here. I used this template i found on here and edited it. I have only been on this site , it was an edited form i found on here somewhere. i have since seen other versions now that look better. this is what i sent. dx informs me that this isn't great. i'm off to work now but will continue later, i just hope i haven't given them a helping hand with their case. HH Hi all, I am working from home tomorrow so i will have time to reply to both BW legal (CPR) and VCS (SAR) so any help with how to reply to BW re the CPR would be appreciated. The BW letter states that it is not applicable to this case (as you can see in the attached letter) is that because the request i sent was incorrectly composed or because they don't have the information i requested as per what ericksbrother wrote on post #62? Finally i'm wondering if you think its worth me going to a solicitor to take this forward, as you can see i'm struggling with this but that may end up costing me more money than just loosing the case. Thanks in advance HH It looks like i only asked for a "verified and legible copy of the agreement document". I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the agreement document. I thought at that point i was requesting the agreement that they had with Peel Holdings to police this area of road way & deleted the sections i thought were not applicable. It was this just minus the claim No. etc I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the agreement document. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. You should ensure compliance with your CPR 31 duties and ensure that the document I have requested are disclosed at your earliest convenience. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version to include an obligation to recover and preserve such version which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. CPR 31.14 Request for information when a Claim has been issued. ----------.pdf CPR31.14.pdf
  8. Thanks for the advice re the SAR, my council tax bill is heading to them in the morning. Today i have now received this response from BW legal re my request for a CPR31:14 BW legal letter.pdf
  9. Attached for information purposes - notice the last paragraph. scan0001.pdf scan0002.pdf
  10. I have received my £10 cheque back from VCS and a SAR form to fill in, requesting a photocopy of my driving licence or birth certificate. Question 2 is interesting "please briefly explain why you are requesting this information rather than the data subject". I have to enclose a £10 cheque and a stamped addressed envelope. I take it that I'm ok to fill this form in?
  11. I know this will sound daft but I'm going to submit my defence in the morning I just wondered do I need to add anything like: I fully dispute the claim made by BW Legal for the PCN issued on ...? Do I have to address it to the court or the judge at the beginning of the defence? or do I simply put the 4 points in order with no pleasantries like; 1. There is a supremacy of contract. 2. There is no keeper liability as the protocols of the POFA have not been adhered to. 3. No stopping is prohibition so not a contractual matter and Vehicle Control Services have no cause for action. 4. There was no contract created to consider or breach so there is no cause for action by the plaintiff. thanks once again for all you help I just thought I'd ask before making a mistake.
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