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By rattlywelshboy · Posted
Hi All, Parked in a local authority car park and the machine would not accept my coins. Decided to pop into the shop which is next to the car park to get more change. Came back literally 5 mins later to find a ticket on the windscreen. The ticket is manually filled out but looks rushed and has no attendant name or signature filled in. Do I have a valid reason to appeal as its unsigned and also didn't stay in the car park once I saw the ticket. Thanks -
If its not possible to attend a hearing (in person or tele/video conference) and you wish for the hearing to be tried in your absence you should always attach a covering note to your statement/evidence requesting that the claim proceeds in your absence pursuant to CPR 27.9 Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. (3) If – (a) a defendant does not – (i) attend the hearing; or (ii) give the notice referred to in paragraph (1); and (b) the claimant either – (i) does attend the hearing; or (ii) gives the notice referred to in paragraph (1), the court may decide the claim on the basis of the evidence of the claimant alone. (4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9
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By brassnecked · Posted
Whed did you have that one and what response did you send them? -
So did you reply to the earlier Letter of Claim?
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I would also advocate familirising yourself registering with MCOL (Money Claim Online) and preparing a Particulars of Claim in preparation should letter of claim be discarded and you are left with no other option but to proceed through court. Andy. .
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