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    • all DYL's are subject to a TRO. looking at this newish, ever increasing as old ind units have gotten removed, estate, there are only lines on one side, on the other there is a parking lane with traffic calming through which you mention. i seriously doubt your mate has any clue what he is talking about.!! its not a private housing assoc estate. so its a public council owned road. no construction co can just decide to draw their graffiti on a road. the DYLs are certainly there pre 2016 even before his home was built. now ive had a quick look to see if the main access to royal park road has signs. there is no royle park road even on your map but there is a royal barn road which leads to where you are parked royal road has a restriction sign on the pole by the fence of the electric substation jnc with gipsy lane there does not appear to be one leading in from the other end - tesco petrol station
    • Hi All. I was driving in Stevenage down a 40 road after coming off the motor way, i noticed my car felt a little "weird" i accelerated, then slowed the car down.  Shortly after i got stopped by a manned police car with a laser. During the stop the officer stated i was doing 54 in a 40, the conversation was short, but he said i would unlikely get a awareness course and it was most likely 3 points and a fine.  Mrs thought it was a good idea to have dairy when she is lactose intolerant on date night, we just got on our way.  At the time, i didnt admit to the offence, but did say i didnt realise and had slowed down in any case. The officers chest camera was recording and on. At the stop, he asked where to send the fine to, as i knew i would be travelling to visit family up north, i provided my temporary details at that location in Yorkshire. It is now 05/05 and i haven't received anything at either my home address in Stevenage or the temporary address. 1. Is there a time limit in which paperwork needs to be sent to me. 2. Should i query the ticket as i don't want to miss any deadlines (if so who do i check with?) OR should i keep quiet. 3. Given nothing has arrived in 20 days, is there a chance of appeal if and when it comes through? Many thanks CrazeUK
    • Hi All. A family friends car was having issues when she was on a trip visiting family up north at the begining of January.  She ended up leaving it at my friends garage in the same location, who parked it on his forecourt to investigate the issue, howver he said most likely it is beyond economical repair as its a serious gearbox fault. In the meantime i replaced her car with one of my spare cars. The insurance on the car then expired in at the end of January.  When the insurance expired, I sent a paper V890 paper as i didnt have her V5 Reference number in hand to do it online (i have a copy of this).  She didnt mention she hadnt recieved any confirmation as she didnt know if she would get one.  She then cancelled her road tax at the end of March (i think) as she was paying by DD. She then was travelling up north so didnt get her ,ail until last week. She recievd a letter dated 09/04/2024 stating she had failed to insure the vehcile and there was a £100 fine which could be reduced to £50 if she respons by 11/05/2024.  As soon as we noticed, i got her to dig  out the V5 and SORN'd the vehicle.   My friend has been a bit slow in checking the fault, however i suspect it will still be scrapped and is still on his forecourt. Is this possible to appeal?
    • worthy to not forget Just to let you know this bunch Kensington have been fined £1.225m by the financial regulator for treating borrowers who were in arrears unfairly. Claim those charges back plus the interest and tell them not to add any more to the account. There are a few news stories here you can get the info for a letter to send to them. http://news.bbc.co.uk/1/hi/business/8615870.stm  
    • Hi All. I went to visit a family friend in Rochdale on a new housing estate opposite a old row of houses. The location is Royle Road, Postcode OL11 3PE. I was originally parked in parking bays outside the old houses, then moved the car, when I noticed my tyre was flat, so parked on what looked like double yellows to use his air pump to check and inflate the tyres before we left the house.   In the time i went inside to sort the pump and power supply i got a PCN.  The tyre then got changed (has a puncture) and we left. PCN Number:         RE######## Date:             04/05/2024 Time:             20:36 Observation:         20:34 to 20:36 Reported location:     Royle Park Road Reason:        Parked in a restricted street during prescribed hours (Code: 01) I believe this PCN is not correct and has grounds to appeal: 1. My friend who moved into the property around 6 months ago, swears that even though it has old double yellows marked, they are not current or council marked.   He said the property development company had said they had marked them for ease of access during development. 2. The road i was parked on was Royle Road.  The PCN was issued for Royle Park Road, which is about 400 yards up the road. 3. There are no sign posts or marking showing parking  restriction hours in the entire area (there maybe on Royle park Road). I have attached a map of the Location where i parked as a red dot. I have 2 questions: a.  Is there a way to check where double yellow lines are marked on some register to check if they are current? b. Can my grounds of appeal simply be, wrong location, wrong offence? Thanks in advance. Map_20240505.pdf
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Striking out on SCT


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Good Evening,

I've got a fairly simple question but I'll provide some context incase needed.

I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there.

They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it.

I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial.

However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it.

However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it.

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

 

Thanks

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15 hours ago, jk2054 said:

I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.

Requires a hearing unless you inform the court within your application you will not be in attendance pursuant to CPR 27.9 (you will still have to pay for a hearing as its an application on notice.

Far better way and cheaper is to push the court to strike out for none compliance of directions as per their Notice of Allocation N157 rather than going for strike out /summary judgment.

We could do with some help from you.

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Ive asked court to strike out for non compliance but they came back and said needs £275 application fee and formal n244

 

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Then leave it just proceed with the claim( strike out/SJ application are risky).....the defendant will not be permitted to rely on written evidence (documented) only verbally as they failed to comply with the N157 (unless they have filed with the court and failed to serve you a copy) ?

 

We could do with some help from you.

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we dont get N157 because its new OCMC but no court dont have evidence either.

 

Just seems a bit of a pointless wait but oh well

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Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.

We could do with some help from you.

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Yea but the annoying this is that they're not based in england so they won't even come.

Just a 2mo delay for no apparent reason.

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So if they are not in attendance and can't rely on written evidence then you get an easy judgment without paying out £275.....simples

We could do with some help from you.

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Yes but ill have to wait 2 months

Even if i lost strikeout I would get the 275 back so long as my N244 was CIC

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CiC :???: you wont get your fee back not in this type of application...your in a rush not the court or defendant

 

 

.

We could do with some help from you.

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