PCN issued on a private, unadopted road

nosferatu1001

Email it, same as normal, but remember you have to SERVE on the C, and they may not accept email - in fact, by the rule of the CPRs, you have ot ask and get their permission in order to use it. Same email address as you filed the defence is what you use to file with the court.

Le_Kirk

Re read post # 102 where you quoted KeithP's useful info and towards the bottom is tells you how to deal with the DQ.

Redx

I would not be signing up and certainly not filling in online forms either

You can send a rebuttal if you really wish to , by email or post

As long as you obtain the data from a SAR request , that is your main priority

nosferatu1001

Just follow the advice in the LBC
If they are truly stating "no permit displayed", yet their own photos show a permit, remoimnd Gladstones that should htey be foolish enough to raise a claim, now this fact has been pointed out to them, your complaint to the SRA about their professional misconduct will go in the same day. it does not matter one jot if their client insturcts them to file a claim, they CANNOT file a claim knowing the grounds are false.

jackRlnd

nosferatu1001 wrote: »

Just follow the advice in the LBC
If they are truly stating "no permit displayed", yet their own photos show a permit, remoimnd Gladstones that should htey be foolish enough to raise a claim, now this fact has been pointed out to them, your complaint to the SRA about their professional misconduct will go in the same day. it does not matter one jot if their client insturcts them to file a claim, they CANNOT file a claim knowing the grounds are false.

the advice in the LBC is to register with gladstones to complete an online form, something I'm not too keen on.

the PCN was not specific in what t&c I broke to warrant the PCN, just the usual cut and paste job.

Would this be a suitable reply:

Dear XXX,

I refer to the Letter Before Claim ref XXXXXX

You have been aware for some time that the PCN brought by your client is baseless and bound to fail. Photographic evidence clearly shows a valid permit on display yet your client has nevertheless chosen to pursue the claim this far.

Should you choose to file a claim knowing the grounds are false, I will file a complaint to the SRA about your professional misconduct.

Yours faithfuly

disgruntled

DoaM

Should you choose to file a claim knowing the grounds are false, I will file a complaint to the SRA about your professional misconduct, and will also be seeking extended costs at court due to your and your client's abuse of the court process and unreasonable behaviour.

jackRlnd

DoaM wrote: »

Should you choose to file a claim knowing the grounds are false, I will file a complaint to the SRA about your professional misconduct, and will also be seeking extended costs at court due to your and your client's abuse of the court process and unreasonable behaviour.

thanks for this.

do I need to add 'without prejudice' anywhere?

KeithP

jackRlnd wrote: »

do I need to add 'without prejudice' anywhere?

No, definitely not.

Google will tell you why that's not a good idea.

jackRlnd

I've just received a Notice of Allocation but without a date.

I assume due to the pandemic the letter states that I will be sent the date of hearing in another letter.

Given that I need to submit all documentation 14 days before the hearing, and the fact that the letter I got was sent over 2 weeks ago and only just received it (delays in postal service), I am concerned I might receive the letter past the deadline.

Should I prepare my witness statement quickly and just send off the documents without waiting for the hearing date or do you think there'll be leniency due to the pandemic if I'm late by a few days?

Le_Kirk

Nothing wrong with being prepared and ready.  You will need Witness Statement, Evidence and Summary Cost Assessment.  Whether or not to send it ahead of knowing the date is anybody's guess; I certainly couldn't advise either way.  If you have an hour to spare (to hang on the telephone) you could try calling the court and ask how far behind they are.