Court form received help requested

Redx

I never said you were greedy , I thought it was more important to get this over the line with a court win , to prove your point and to obtain your money back plus a half days wages as well , it's the other side that are greedy , whereas you can take the moral high ground and let the judge see that

It's your future claim where you start being greedy , DPA failures , harassment , unreasonable behaviour etc

As Nosferatu says , arguing those other 2 topics introduces 2 new hurdles at a time where you are seeking legal clarification on your position in law

Put the foundations in before building walls

edit

ps:- this one is similar

https://forums.moneysavingexpert.com/discussion/5946644/letter-before-claim-scs-law-ukpc-please-advise/p32

read what they said about the legal aspect and what they received in costs

Umkomaas

Coupon-mad said:

sadwithoutmynelson said:

Ok i read in the newbies thread in telephone hearings i could push for higher based on my wage. I must have completely misunderstood this. 

No - you are right - you can.  There is case law referred to there.    £19 per hour is 'moveable' if proved.

Never heard of a court awarding it above £19 over hour for a PCN but the case law supports you.  Attach a wage slip as proof and quote the case law I already refer to in that thread.

sadwithoutmynelson said:

Coupon-mad said:

sadwithoutmynelson said:

Ok i read in the newbies thread in telephone hearings i could push for higher based on my wage. I must have completely misunderstood this. 

No - you are right - you can.  There is case law referred to there.    £19 per hour is 'moveable' if proved.

Never heard of a court awarding it above £19 over hour for a PCN but the case law supports you.  Attach a wage slip as proof and quote the case law I already refer to in that thread.

Yes I thought so as you had wrote it but from the above comments it seemed I came accrues greedy and so wasted time changing it  ..i have just submitted it..the date of submission was the 8th and I have just pressed submit. Finger crossed that will be fine 

But as I said in my earlier post, £23.17 per hour netts you less than £95 for half a day's loss.  You could end up £2.32 better off! 😃

Coupon-mad

Good point well made!

sadwithoutmynelson said:
Yes I thought so as you had wrote it but from the above comments it seemed I came accrues greedy and so wasted time changing it  ..i have just submitted it..the date of submission was the 8th and I have just pressed submit. Finger crossed that will be fine.

Nicely done.   That's one more step done.

So you put in your defence, WS, all photo and other case transcript evidence and costs assessment and emailed it all to the local court and to the claimant (or their solicitor if they re handling it)?

I've just heard from bargepole that the brilliant lamilad has today won an appeal re a residential case with an allocated space where the resident had an unfettered right to park, but the first instance Judge got it wrong.    Sounds like a great one for us to get a transcript later on.

sadwithoutmynelson

I have just received this in the post for the other claim which is in my company car and where it happened at the same time. I did do a directions questionnaire for this but still it seems the judge sees it fit for a dispute resolution. All documents need to be submitted for this so I will again submit the same ones with the registration changed. 

nosferatu1001

Yep, they want to see if a full hearing can be avoided. It wont be. 

Coupon-mad

It'll be a short hearing to put you off continuing, to save court time and to try to get a settlement. 

The answer is no (no settlement, you are not accepting any liability for this scam) but the Judge will want to hear a summary (bullet points) of your defence and understand that you have good prospects of success.  

Read the forum about the Semark-Jullien case because some Judges are misapplying it...

sadwithoutmynelson

I will re do the paperwork i sent for the other car. The cases are exactly the same.  Il have a read thankyou 

sadwithoutmynelson

I have already sent my paperwork off two weeks ago  I have today received the paperwork from Gladstones saying the  'assumption is that our client is not attending the hearing and therefore this notice be treated as a notice pursuant to cpr 27.9'. Then they have a bundle with a witness statement from a Alexandra Morrison who is an employee of the claimant company  .  Feeling nervous as I'd really hoped this would be them dropping the case and instead its their bundle .  😥 

beamerguy

sadwithoutmynelson said:

I have already sent my paperwork off two weeks ago  I have today received the paperwork from Gladstones saying the  'assumption is that our client is not attending the hearing and therefore this notice be treated as a notice pursuant to cpr 27.9'. Then they have a bundle with a witness statement from a Alexandra Morrison who is an employee of the claimant company  .  Feeling nervous as I'd really hoped this would be them dropping the case and instead its their bundle .  😥 

All they are doing is telling the court and you that the claimant will not be attending.  Search google cpr 27.9
They will either attend themselves or more likely send a "rent by the hour" legal with little knowledge of what's going on.  Still a high chance they will discontinue but they like to wait right up the last moment such as a couple of days before.  All designed to make you nervous and hoping you settle before court.  You are not going to throw in the towel 

If it's a phone hearing chances are they won't answer the phone to the judge.  That is the stage where the judge strikes out the claim.
The ball is in their court right now, continue with a possible spanking ahead of them or .... discontinue

PS: You might even get a begging letter offering a discount ..... that is the start of the process

sadwithoutmynelson

Thankyou so much @beamerguy