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Excel BW again

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  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
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    Umkomaas wrote: »
    Have I missed something? I've been away from the forum for most of today - apart from a dawn chorus response or two this morning.

    No it was a case where the defendant was allegedly let down elsewhere and some of us rescued it off-forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • henrik777
    henrik777 Posts: 3,052 Forumite
    First Anniversary Name Dropper First Post
    If a court order does not state a sanction then the consequences of breaching it are usually in costs. In bigger cases you'd make an application for an unless order and breach of that would be an automatic strike out.

    Alas in a pretty trivial parking case you just have to use it under 27.14 2 g unreasonable behaviour when asking for costs if you win.
  • So why be so explicit as to say by 4pm by a certain date....very poor if it means absolutely nothing. But hey ho, on we go


    Just the way it is, I'm afraid. Unless the lateness really puts you at a disadvantage, it's immaterial. Eg. if they serve it the day before the court hearing. Just being a bit late, without any demonstrable impact on you, wouldn't get you costs under 27.14(2)(g), although as part of the bigger picture of ignoring court rules and orders it might.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Ok quick update on this one. Court papers received this morning with date, however from a different Judge (Buchan) no mention of the letter Judge Wright sent out or my email, and to further complicate matters the date given is when I am away...which was advised in my DQ'S. Next step please
    cm62
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Is Buchan a DJ or a deputy?

    Ring the court first thing Tue morning about the date. If it's in your DQ then should be straight forward to sort out.

    They may want you to write/email or complete a form.
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    Just out at the moment...think it said deputy from memory.Yes will call 1st thing Tuesday...bit annoyed no feedback on the letter Judge Wright sent out

    Cheers
    cm62
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    Just back, Deputy District Judge Buchan on the letter. Not sure why this has changed and if he or she has seen the letter Judge Wright sent out....given the mistake on the dates. I'm wondering if DDJ Buchan has picked this up without seeing the full background, doubtful I know but it seems strange.
    cm62
  • claretmad62
    claretmad62 Posts: 190 Forumite
    First Anniversary
    And why now a Deputy District Judge, what's the reason behind that ?
    cm62
  • Received letter yesterday from Court, now moved from 22nd June to 27th June. Done quite a bit on my SA/WS thanks to Coupon-mad, will put up BW'S paperwork on receipt of it.
    cm62
  • Could anyone please assist me on how to build up your costs, should you win your case. I seem to remember seeing it on a thread a while back...struggling to lay my hands on it now.

    Trying to get everything pretty much in place, its a while until the hearing. But ive a hell of a lot on in the next 2 months

    Thanks in advance
    cm62
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