We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Parking Eye - Set Aside | Ready?

1235»

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, make sutr eyou go in with those issues clear and in a form you can easily articulate

    If the judge doesnt agre there is an automatic right then you also need to consider the "any other good resaon", the reason being you have a good chance of defending the claim.
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    KeithP wrote: »
    Without prejudice documents cannot be discussed at court.

    Can you not mention your own (assuming it doesn't reference an opponents) ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, because it is under cover of WP meaning neither side can use any document under that heading.
    You can mention the existence of them, I believe.
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is it worth me asking the court to ensure that the lawyer they are sending has 'Rights of Audience'? Do I need to bring a copy of anything? I'm thinking because LPC is in London and the case is in Wales they most likely will ask someone else to do it?

    When challenging RoA it is better done when defending as the other side can't put a case without anyone doing so (unless the went for papers only).

    As this is your set aside application the benefit is vastly reduced as you'd still have to convince the court your application is meritorious.

    I don't see the issue with raising it but i wouldn't go nuts, particularly if interest seems minute.
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Coupon-mad wrote: »
    They might not send anyone if this is a set aside hearing, but if they do the person is unlikely to have RoA...however convincing a Judge to kick that person out and admit the Judge has been getting it wrong all these years, is a big ask.

    Most of those who lay rep, no longer try to challenge RoA.

    Remember if they failed to take steps to ensure that they filed the claim at your last known address, and yet they knew your last known POSTAL address (did they, from your response?) then a set aside is mandatory anyway.

    As explained by henrik777 in post #23.

    Further reading https://forums.moneysavingexpert.com/showpost.php?p=76112670&postcount=17


    That's appeal court and rules for service issue relating to a mandatory set aside.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.9K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.1K Spending & Discounts
  • 244.9K Work, Benefits & Business
  • 600.5K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.