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    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • jk2054 I don't think OP's father in law has died. He has dementia and has moved to a nursing home where he is still living. Because of his dementia he no longer has mental capacity to manage his own affairs so is unable to cancel the DD himself. Neither the OP nor anyone else has Power of Attorney so bank will not accept instructions from OP/OP's wife.  OP is applying to Court of Protection for Deputyship and would then be able to cancel DD but that process takes time. finaldj, just a thought, loss of mental capacity can vary from day to day, it isn't an all or nothing thing. Any chance that if you drafted a letter for your FiL instructing bank to cancel DD he would be able to sign it on one of days when he was lucid enough to understand what he was signing? Or cancel via online banking if you help him do it (if you know the passwords to get him into it)?
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
    • Not sure about this, but as I understand it, when a court claim is issued, a validation check of some type is done on the defendat's address? If the address is outside jurisdiction, then a claim can't even be set up?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ptothej Vs Lloyds


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I submitted my allocation questionnaire on the 2nd of May and I have still not heard anything from the court about a date. I phoned today and they said they are waiting for the defendant to submit their questionnaire.

Is there a letter I Can send to either the court or the defendant to speed this process up?

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If SCM are several weeks late then send letter as below:

 

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

Lately SCM have been missing this deadline.

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When the court send you the AQ they usually say when it should be returned on the court order and or in the top right box of the AQ itself.

 

2 weeks is about right though.

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