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Help for reply to LBC where they've done a drawing!

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  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
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    Does the NoA give any instruction about exchange of documents? Usually it is point/para #6
  • QuackNuts
    QuackNuts Posts: 44 Forumite
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    No, there's not much to it at all:

    "Before Deputy District Judge *--*--* sitting at the County Court at *Local place No.2**

    IT IS ORDERED THAT
    The case be transferred to the defendant's home court which is **Local County CourtNo.1**, the post code being WX12 3YZ being in **-Local Place No.1** jurisdiction.

    Dated ^^**^^

    Then on the next page:
    To all parties

    As a result of an order made on ^^**^^[a few days after above date], this claim has been transferred to **Local place no.1*

    No further instructions....
  • Coupon-mad
    Coupon-mad Posts: 131,813 Forumite
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    Ah OK, so then you wait for the Order from your local court.
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yep, its just allocation. After that you get a hearing date, and THAT is the crucial document
  • QuackNuts
    QuackNuts Posts: 44 Forumite
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    The date for court arrived and I sent the Witness Statement and documents off to get to the court and to Gladstones so it was within the time limit and, today, with the hearing just a week tomorrow, I receive half a rainforest from Gladstones which includes a photograph which looks like it's been doctored.

    As they have not sent any evidence to show a period of parking beforehand and their documents are late can I ask for the claim to be struck out and if so how?
  • QuackNuts
    QuackNuts Posts: 44 Forumite
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    ** UPDATE ** - SUCCESS

    We went to court. Gladstones sent a representative and before we got called in she asked if we'd like to make an offer. The only offer I would accept was if they dropped the case - no. She showed us an electronic copy of the contract between DE and the land owner.

    So, we went in. DE's case didn't stand a chance and we won. Many thanks to Loadofchildren and Coupon-Mad and everybody's advice and thanks of course to the Judge. Hopefully this sets the precedent for the rest of the cases at this site, after all DE can't go back in time and change things.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
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    Did you get costs?
  • DoaM
    DoaM Posts: 11,863 Forumite
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    County Court judgments don't set precedents as it is the lowest court. They can be "persuasive" though. Did you get any costs award?

    PS - well done! :)

    PPS - SNAP! :D
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    WHat was the reason for the dismissal??
  • Coupon-mad
    Coupon-mad Posts: 131,813 Forumite
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    Oooh, and another one bites the dust!

    Tell us more:

    - which Court and Judge?

    - And tell us please, exactly what didn't stand up about their case. What won it for you?
    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
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