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Will they go to court or not?
Comments
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The op did post (but subsequently deleted) the exact wording of the court order which was clear that a copy of the original defence should be forwarded properly signed with a statement of truth otherwise she would get a default ccj against her.
The original defence had been forwarded to pe.
The OP has been urged to contact pe to point out why they are on a sticky wicket ( as cm advised way back around December 12, but as you will see just won't! ( Referring to the winning points as "moot" in his opinion)
Christ Quentin. You are like a dog with a bone!!
Once again I REPEAT!!
What I said was moot was the reason WHY I didn't do as suggested at the time. i am pretty sure that I also made the reason patently clear but obviously you missed that.
Either way its the here and NOW that matters but if you prefer to keep this up, knock yourself out."Unhappiness is not knowing what we want, and killing ourselves to get it."Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))Women and cats will do as they please, and men and dogs should relax and get used to the idea.0 -
Coupon-mad wrote: »I really don't think she should try to pop a new defence in, I think she should sign the old one.
Then at Witness Statement stage, she can show evidence of no signs at KFC, and say what actually happened (the car was moved, two parking events).
She should email a robust response to PE today telling them more about the 2 parking events, and pushing them to cancel because their own evidence shows no signs at KFC - after all, the fact she went to KFC WAS in her defence!
I reckon that's why they want to cancel, because they know the KFC and parts of the car park are unsigned.
We've seen several cases rescued at WS/evidence stage from a VERY basic defence. Can be done, if worded carefully.
Thanks CM.
Others have indicated that youi are not permitted to 'Ambush' PE with any info that did not form part of the original defence tho.
Are you sure that further reasoning CAN be brought up in court despite it not being part of the original defence.?"Unhappiness is not knowing what we want, and killing ourselves to get it."Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))Women and cats will do as they please, and men and dogs should relax and get used to the idea.0 -
Either way its the here and NOW that matters but if you prefer to keep this up, knock yourself out.
Your thread's title says you want to avoid court.
You are advised how to yet respond in this manner???
Have you read #42? In particular the bit repeating what your daughter could do today!0 -
Post 45 - sending info in as part of a ws is NOT AMBUSHING THEM. A ws is usually sent at least 14 days before the hearing.
You’ve not read post two of the newbies to see what happens and when.0 -
Finally i am drafting a letter to be sent to PE and also tidying up the defence letter to be sent to the Courthouse.
By tonight it will be done and put to bed and I can finally get a decent nights sleep without this to worry about.
Hi CM.Coupon-mad wrote: »
We've seen several cases rescued at WS/evidence stage from a VERY basic defence. Can be done, if worded carefully.
Sorry but I am lost.
When does the witness statement stage happen?
Obviously there are no witnesses to this case but I thought that the defence is read by the judge and weighed up against the LBCCC and decide upon.
Another point I was wondering is this :-
Is it worth my including a note to the Judge outlining the fact that this should never have proceeded to court based on the Grace Periods, The Double Parking event and the inadequate signage, and ask if he could ask PE to reconsider in order to save wasted court time?
Has this been tried before?"Unhappiness is not knowing what we want, and killing ourselves to get it."Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))Women and cats will do as they please, and men and dogs should relax and get used to the idea.0 -
Judge won't be reading the file till just before a hearing (which is unlikely to have the lbcca in it)
WS comes after the hearing date ha been set0 -
Thanks Quentin.Judge won't be reading the file till just before a hearing (which is unlikely to have the lbcca in it)
WS comes after the hearing date ha been set
Still unsure about how my daughter (Defendant) can put forward a witness statement tho.
Is this just normal procedure to allow numbered and DETAILED defence facts to be put forward by her over and above the defence facts?"Unhappiness is not knowing what we want, and killing ourselves to get it."Post Count: 4,111 Thanked 3,111 Times in 1,111 Posts (Actual figures as they once were))Women and cats will do as they please, and men and dogs should relax and get used to the idea.0 -
The ws is covered in depth in the FAQ (as advised in #48)0
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Reread the court order the defendant got regarding the unsigned defence that was submitted (The one you posted but subsequently deleted)Finally i am drafting a letter to be sent to PE and also tidying up the defence letter to be sent to the Courthouse......
Bear in mind sending a new "defence letter" could give them the opportunity to carry out the threat to award a ccj by default if the order was not complied with (which was to return the copy of the defence properly signed etc)
(You also confirmed in earlier posts that the court had forwarded the original defence to PE)0
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