NON-STOP PCN from Southend Airport ******* Case Dismissed, Now VCS appealing ********

Le_Kirk

Coupon-mad said:

Find the section in the new PAS Code of Practice (Government statutory draft) that says that byelaws prevail (or something like that).  It definitely says it and I'm not linking the place, because I want ALL posters to read the PAS and comment on it!  On your case though, why not add this to your papers and take it to court to show the will of the Government. 
Byelaws are not arbitrary and can't be ignored (if they have a section about parking of vehicles).  A private firm can't offer an alternative 'contract' because byelaws trump contract law and the new Code of Practice says as much...if you dig and read it all.

You will find it in 4.1.3  and I have just added a comment to clause(l) (even though I thought I already had!)

nosferatu1001

Read upon the telephone thread
IF the court has made a NEW order around serving and filign of documents, unless it states other wise it does not replace the original order. So if previous you had to get WS etc in by 14 days befroe, that is still your deadline. 

IamWood

The hearing will be held on phone tomorrow as the judge cannot make to the court:(,. I shall report here what's happening after the hearing. Thanks

Le_Kirk

Good luck for tomorrow.

Umkomaas

All the best. Sock it to 'em! 🙂

beamerguy

IamWood said:

The hearing will be held on phone tomorrow as the judge cannot make to the court:(,. I shall report here what's happening after the hearing. Thanks

Yes, very good luck .......  tonight write a crib sheet of the important points so you don't forget anything

IamWood

Apparently the chap who wrote WS will not attend the hearing. Another guy is doing it by contacting me this morning. Should I ask judge to dismiss the case for it?

D_P_Dance

There is absolutely no harm in asking.  

Umkomaas

IamWood said:

Apparently the chap who wrote WS will not attend the hearing. Another guy is doing it by contacting me this morning. Should I ask judge to dismiss the case for it?

On what grounds?  It's the norm for the WS writer not to attend, with a gun-for-hire legal advocate fronting the case. I wouldn't risk irritating a Judge too much who probably won't be much bothered by being too adamant on this, but you should broach it gently by expressing surprise that the WS writer, who seems to be the only person on the Claimant's side to have knowledge about this, is absent from a telephone call hearing, as you have a number of questions about the WS you wish to raise with him/her. 

Make sure you have those questions written down, which the Judge might then turn to the advocate to answer (which he is unlikely be able to do).

But simply 'banging the table' before events commence that the case should be dismissed on the basis that the C's witness isn't present won't help you any - in my view.

D_P_Dance

But simply 'banging the table' before events commence that the case should be dismissed on the basis that the C's witness isn't present won't help you any - in my view.

Why are you assuming that tables will be banged?