Help/Advice needed regarding PCN

nosferatu1001

No, I meant how. As in, we're 5 pages in, and POFA is discussed in a lot of threads. 
Paragraph, not section. 
Why both? Only one will apply. 8 if there was a NtD, 9 if only a NtK. 
Feel free not to explain, but it makes it a tad tricky to assist if you dont explain. Your choice - i can go and be "dramatic" with people who are receptive to help....

Hot_chocolate20

nosferatu1001 said:

No, I meant how. As in, we're 5 pages in, and POFA is discussed in a lot of threads. 
Paragraph, not section. 
Why both? Only one will apply. 8 if there was a NtD, 9 if only a NtK. 
Feel free not to explain, but it makes it a tad tricky to assist if you dont explain. Your choice - i can go and be "dramatic" with people who are receptive to help....

I appreciate the community spirit on this forum, and also appreciate you wanting to help me. What I didnt appreciate was your approach, it came across as aggressive for no apparent reason.

Hot_chocolate20

Hi everyone,
Quick update with where my case is up to.
I received the Claimant's DQ in the post in late August 2020. I sent mine to both the Court and the Claimant's Solicitor.
▶ In my DQ I requested the Hearing Venue be my Home Court pursuant to CPR 26 2A (3).
▶ Come 02 September, the Court wrote back..completely disregarding my request. And decided the hearing venue would be half way between the Claimant's location and my location 🤷🏽‍♂️

👉🏽 Three weeks after that..I received a letter from the Court, a District Judge had reviewed my DQ and ordered that the case be transferred to my Home Court (minie-win)🙌.
💡 5 days ago I received a General form of Judgement order (which I'll upload on here, blanking out confidential information of course) the order;
✅ Gave me hearing date of late Feb 2021
✅ But it also mentioned that 'the Court Considering that the issues in these 3 cases are identical and proposed that they be consolidated and heard at the same time'
👉🏽 The order mentions that it will apply to all 3 cases and my case will be the Lead case 😮. Has anyone came across this before?
👉🏽I've just been reading @robertcox999's recent post and his well written WS, the outcome of his case was an absolute injustice!
Is there a template for writing WS? I have no idea on where to start. 🤔
I'll upload the doc I mentioned in my post later on today/this weekend.
Thanks!

Coupon-mad

The WS by @robertcox999 is the template to use.  It wasn't the WS that let him down, it was (probably) a part time new Judge.

Do you mean you have 3 claims in your name and they have been consolidated, or that your single case has been consolidated with 2 involving other victims?

By the way if you were the driver and the case is about the signs, then admit to driving in your WS.

Hot_chocolate20

Coupon-mad said:

The WS by @robertcox999 is the template to use.  It wasn't the WS that let him down, it was (probably) a part time new Judge.

Do you mean you have 3 claims in your name and they have been consolidated, or that your single case has been consolidated with 2 involving other victims?

By the way if you were the driver and the case is about the signs, then admit to driving in your WS.

Thanks Coupon. I'll use that WS as a template. Unlike in Robertocox's WS I was not the driver, it was my wife but the car is registered in my name.
And in my case the Claimant (Bank Park) has significantly amended the car park with exaggerated signs and also made a card payment option available - which 2 years ago was not an option.
I mean there are 3 separate cases including mine which the court has said the issues in all 3 cases are similar and all 3 cases will be heard at the same time on the same day in the same hearing 😮.
The other 2 cases involve victims that I've never before met, for whatever reason the court has decided to consolidate all 3 and hear them at the same time And my case will be the lead (for a reason unknown to me). I'll upload the doc shortly - thanks

Coupon-mad

Unlike in Robert Cox's WS I was not the driver, it was my wife but the car is registered in my name.

OK, so use the wording in the thread by @blancswann, which I think has the bit at about denying being the driver.

I mean there are 3 separate cases including mine which the court has said the issues in all 3 cases are similar and all 3 cases will be heard at the same time on the same day in the same hearing 😮.
The other 2 cases involve victims that I've never before met, for whatever reason the court has decided to consolidate all 3 and hear them at the same time And my case will be the lead (for a reason unknown to me).

I am glad yours is the lead case because you can't get better prep & support than being here.

Hot_chocolate20

Coupon-mad said:

Unlike in Robert Cox's WS I was not the driver, it was my wife but the car is registered in my name.

OK, so use the wording in the thread by @blancswann, which I think has the bit at about denying being the driver.

I mean there are 3 separate cases including mine which the court has said the issues in all 3 cases are similar and all 3 cases will be heard at the same time on the same day in the same hearing 😮.
The other 2 cases involve victims that I've never before met, for whatever reason the court has decided to consolidate all 3 and hear them at the same time And my case will be the lead (for a reason unknown to me).

I am glad yours is the lead case because you can't get better prep & support than being here.

Thanks  Coupon - I'll be sure to take a look. 👍🏽
I'm a bit nervous being a lead case because I'm no expert law junkie, but as you say the community spirit on here is second to none.
Please see below

Coupon-mad

The court is wrong to assume the issues will be identical, because you were not the driver and might be relying on non-compliance with the POFA, which a driver couldn't.  However, we will give you everything you need. 

Have you compared the NTK to para 8 or 9 of Sch4 (properly and pedantically)?

Umkomaas

I'm in no way doubting the OP's ability to front this and he will get every expert help from us to prepare, but I wonder what the other two defendants will feel about their cases being represented by a complete and anonymous stranger, about whose pedigree or ability to put their case forward they have absolutely no idea. 

Unless the Judge's intention is that he's simply going to bounce the claim straight through the door, there's a sniff of a potential for injustice here. What recourse would an unrepresented defendant have if findings are against them?

Hot_chocolate20

Umkomaas said:

I'm in no way doubting the OP's ability to front this and he will get every expert help from us to prepare, but I wonder what the other two defendants will feel about their cases being represented by a complete and anonymous stranger, about whose pedigree or ability to put their case forward they have absolutely no idea. 

Unless the Judge's intention is that he's simply going to bounce the claim straight through the door, there's a sniff of a potential for injustice here. What recourse would an unrepresented defendant have if findings are against them?

Agreed - and I feel a lot of pressure on my shoulders about having to represent two other people 😮. It's not completely a fair thing to happen really. Nonetheless, I'll press forward with help from this forward .🙌