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Link/BW PAPLOC now Claimform 2xPCN's - residential parking - Collingwood Place, Gloucester, GL1 3NA


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  • 2 weeks later...

@FTMDave yeh they all got through. Hiccup with the one to the solicitor I got an out of office auto reply and was told to send to a different email if I'm sending court related stuff.

 

UPDATE: The hearing came and went. Nothing major to report as it was adjourned to the first available date within 28 days. The judge seemed reasonable and so did the solicitor on the other side in allowing my Witness Statement and evidence to stand. The solicitor claimed to have seen my WS this morning which was a flat out lie as I sent the court proof of delivery (email sent receipts) along with my apology. The judge made a "no costs order" for the hearing and went on to explain because I was slightly late with my response it could be argued that I was acting unreasonably. However she then also said that the Solicitors lying about not having received anything when there is undeniable proof in front of her is also unreasonable and therefore there was no charge for this hearing.

 

The judge explained that my initial response upon receiving a summons (the brief defence) was TOO brief and that the purpose of that response is to raise my WS points in brief and then expand upon them later. As I only said about there not being a contract and therefore no liability (I think my full response was on one of the first pages in this thread), however my WS brought up a whole lot more. I replied that what she was saying was not the advice I received at the time and figured it was the best thing to do given that this is my first and only experience with a courtroom, she seemed to understand that as I am not familiar with procedure and accepted it.

 

The judge has pointed out that a decision will probably be made based on my Supremacy of Contract ( starting at para 11 of my WS) arguments and that the Claimant will have time to file a response to that in an updated witness statement addressing those concerns specifically. What should I be prepared for here while I wait to see how they argue against it?

 

Also I may need to apply for an advocate for the next hearing as I was planning on being out of the country at some point in the near future, how do I do this? There is somebody I know is also very familiar with this case and so could step in if need be.

 

Cheers

Edited by jazzhands111
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Pleased to hear the WSs were accepted - I remember the last-minute panic!

 

Good to see she focussed on Supremacy of Contract, that is one of your aces IMO.  Just as well you quoted the two persuasive cases.  Yes, see if the fleecers send any bilge to try to argue against it.

 

I'm pretty sure no-one can substitute for you in a court hearing.  You have to be there.  But as it's an on-line hearing, surely you can take part from abroad anyway?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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There is very spotty internet where I'm going and unreliable. I have a business in Uganda that requires some attention and due to the recent terrorist attacks the government are shutting down the internet there temporarily.

 

Is that actually the case in regards to nobody being able to present the case on my behalf given that Link Parking are not representing themselves? I'll have to look into it more.

Edited by jazzhands111
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Im sure there is no harm in contacting the court and the claimant explaining the seriousness of the situation in uganda re: terrorist attacks thats needs your immediate attention and that can a delay of xxx weeks/ month happen??

 

p'haps @Andyorch could clarify.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you are not able to attend in person or by video hearing you can submit notice pursuant to CPR 27.9 File notice on the court and the claimant.

 

Ideally it should have been filed with your statement/evidence.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

Regards

Andy

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Thanks for the advice RE: delaying. I've submitted a request to the court and we'll see what they say.

 

If things go as I expect then it will probably be a January hearing.

If not then I can always buy some satellite internet data which wouldn't be governed by the Ugandan equivalent of OfCom and therefore cannot be remotely shut off.

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