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Turns out you do need to inform the fleecers of your non-attendance. So if you haven't already done it, today e-mail both the court and copy to the fleecers, with the claim number and the parties stated in the subject line, using "return receipt", with - Witness Statement & exhibits - draft defence - draft order - covering letter about non-attendance. That might as well include the legal wording "Due to being abroad I will not be able to attend the hearing. No disrespect is meant towards the court. I request that you decide regarding set aside based on the papers I have submitted". Yes its still applicable because if not used then the claimant may invoke CPR 27.11 https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.11 Setting judgment aside and re-hearing 27.11 (1) A party – (a) who was neither present nor represented at the hearing of the claim; and (b) who has not given written notice to the court under rule 27.9(1), may apply for an order that a judgment under this Part shall be set aside(GL) and the claim re-heard. (2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him. (3) The court may grant an application under paragraph (2) only if the applicant – (a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and (b) has a reasonable prospect of success at the hearing. (4) If a judgment is set aside – (a) the court must fix a new hearing for the claim; and (b) the hearing may take place immediately after the hearing of the application to set the judgment aside and may be dealt with by the judge who set aside the judgment. (5) A party may not apply to set aside a judgment under this rule if the court dealt with the claim without a hearing under rule 27.10. Rules 27.12 and 27.13 are revoked. -
By lookinforinfo · Posted
No don't write to Horizon telling them that you did not receive the first PCN. They already know. But do send them an sar which you will find in our library . That way you should find out where the original PCN went and we can see if it was compliant. After you have received the original PCN then it would be a good idea to write to Tesco. Hopefully Horizon will have made mistakes on the PCN which might help Tesco to cancel the ticket -
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By CardSrong212 · Posted
Someone contacted me after my letter. They said it usually takes 10 working days and its likely i get the funds back but not 100%. He said its part of the legal regs
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