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IAS dismissed my appeal from UK CPM
Comments
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One tactic that has occasionally met with success is to write to the landowner. Tell them that court proceedings are commencing. Tell them that a representative from their organisation will be required to attend court to give evidence as the landowner and organisation that employed the ppc. You require the name of the person who will attend.
The idea of having to appear in court often scares them into doing something. They don't want to go anymore than you do. They often say nobody will go so you tell them their refusal to appear will be pointed out to the judge and they can deal with any consequences arising from refusing to attend court.
It sounds scary but in reality it's all bluff and bluster. There aren't any consequences for them refusing to attend but you don't need to tell them that.
It's an approach that is usually best left until a genuine letter before claim appears though.
this is something that works, but slightly differently and looks more professional , send them this https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785017/n20-eng.pdf
Ask them what dates they may not be available for a hearing and refusal to adhere to a summons is contempt of court
In addition issuing a witness summons costs £500 -
If you do not comply with this summons you will be liable, in county court proceedings, to a fine.
In the High Court, disobedience of a witness summons is a contempt of court and you may be fined or
imprisoned for contempt. You may also be liable to pay any wasted costs that arise because of your
non-compliance
the above seems to have a remarkable effect, especially if the court is set to be many many miles away
Forcing people based in the south to appear in courts like Barrow In Furness has a remarkable effect0 -
Good to hear. A good tip for complaining to landowners who can't be bothered. Make them sit up!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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