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

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Comments

  • Umkomaas
    Umkomaas Posts: 43,755 Forumite
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    D_P_Dance said:

    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?
    A turn of phrase, indicated by the apostrophes, to suggest to the OP not to go in heavy-handedly in pushing the Judge to dismiss this at the outset. I thought I'd explained that in the earlier part of my posting. I presumed you'd read it?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
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    Yes I read it, but OP's question seems innocuous to me
    You never know how far you can go until you go too far.
  • IamWood
    IamWood Posts: 444 Forumite
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    In my WS there are most opposite arguments to their WS. Should go through them one by one?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 October 2020 at 1:09PM

    In my WS there are most opposite arguments to their WS. 


    You should take their WS apart, line by line, word by word, they are trying to scam you

    You never know how far you can go until you go too far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You will find out in the hearing. Its not controlled by you but by the Judge. 
    What you can point out is that there is only one actual witness to events - you - present in court, and that the flaws you can demonstrate in teh Cs WS means that, in the absence of a witness for the claiamntn being present, he court should reduce the reliance that can be placed on the Cs WS. 
  • IamWood
    IamWood Posts: 444 Forumite
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    The case is adjourned as the guy from VCS claimed that they had not received my WS, which I did through post and email. The judge ask me to present my evidence in 7 days. Gutted for VCS's lies.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Wow, did you show the court your proof that they had your WS?! An adjournemnt is disproportionate - did you object?
  • IamWood
    IamWood Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    It was a mess. I was notified it would be done by phone. In the last minute the court emailed to join team meeting through video. The judge who also claimed he had not read my WS either although he admitted the court received it, seriously? The case had been reassigned to different judge today. I didn't object it although I had waved my post certificate through my camera. 

    What should I do now?
  • Le_Kirk
    Le_Kirk Posts: 25,035 Forumite
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    Have a cup of tea, sit back and relax and await your new date, then go and get'em!  This is all evidence of unreasonable behaviour (by the court as well as the claimant but you cannot do anything about that!)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Your chance to do something came and went. Sit back and wait now.
    But the entire point of getting proof of posting was for this precise moment! 
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