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Residential PCN help please - ***I WON***

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 August 2020 at 11:49AM
    Show us your court order after redacting personal details and reference numbers , then people can answer your questions , because they should be apparent on the court order

    In other words , you should do what your court order says , not what people think or surmise
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Yep, as above
    But in general, anythnig you send to the court, you send exactly the same to the claimant. 
  • Hello all.
    A couple of questions please.
    (1) The solicitors will already have copies of some of my submissions. Do I need to send copies of these documents to them even though they already have them?  
    (2) I have a habit of making notes on documents I've received if I'm discussing the contents with someone, and this means that a few of the letters I need to submit with my WS have notes written on them. My writing's not the tidiest, so the letters don't look that smart. Does this matter? Is the Judge likely to be miffed by this? 
    Thanks, all as ever. 


  • Hello again all.
    Can I check with you which section of the CPR I need to look at in regards to my request to have the case transferred from the existing court to my new local court? 
    Thanks again.
      
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 August 2020 at 4:34PM
    (2) I have a habit of making notes on documents I've received if I'm discussing the contents with someone, and this means that a few of the letters I need to submit with my WS have notes written on them. My writing's not the tidiest, so the letters don't look that smart. Does this matter? Is the Judge likely to be miffed by this? 
    That's a very silly habit. Scribbling all over evidence? Whatever next?

    Never mind. It'll be in pencil won't it. Rub it out.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) No idea, depends on what your court order says. What does your court order say? WHat have you sent them, and in what context? 
    Your quesiton is far too generic for use to meaningfully answer
    2) Well  your chioice is either using the evidence you have, or not. If you dont use it, you know, for sure, that it wont help you. 
  • Thanks all
    The notes aren't in pencil, they're in pen, so I can't rub them out. At the time I didn't know the docs were going to be evidence.
    In terms of the CPR, I sent a revised N180 requesting a transfer of the case from the existing court to my local court as I've moved since I completed the original N180. I hadn't realised until a couple of weeks ago that I could apply for a transfer, and I applied as soon as I found out. Even if I'd applied sooner, I'm not sure it would have been dealt with because of lockdown. When I spoke to the court last week I was told the request had been refused. I've emailed and asked them to reconsider, not least because my other witness is over 70 and he's supposed to be sheltering from Covid, not travelling around the country being exposed to it. Nosferatu, you said I should quote the CPR because I'm a consumer, but the CPR is a big beast and I don't know which section I should be quoting.
    Thanks again.   
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) You didnt answer this! 
    Did you google? 

    Transfer of money claims within the County Court

    26.2A

    (1) This rule applies where the claim is for an amount of money in the County Court, specified or unspecified.

    (2) If at any time before the service of a notice by the court under rule 26.3(1A) a court officer considers that the claim should be referred to a judge for directions, the court officer may send the proceedings to the defendant’s home court or the preferred hearing centre or other County Court hearing centre as may be appropriate.

    (3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the claim must be sent to the home court of the defendant who first files their defence).

    (4) Subject to paragraphs (5) and (5A), in any other claim to which this rule applies, the court must, at the relevant time, send the claim to the preferred hearing centre.

    Quick queert 0- when you sent in the N180, did you not know about the move?

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That's a very silly habit. Scribbling all over evidence? Whatever next?

    It was standard practice when I was in then FO  

    You never know how far you can go until you go too far.
  • Morning all.
    Someone posting on the site a few weeks ago, asked how they could counter the PPC's argument about Development Regulations in the lease allowing the management company to introduce parking enforcement. There were some great answers (of course) which I want to refer to in my WS, but despite searching I can't find this thread now so could someone point me in the right direction please?
    Thanks all.
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