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Telephone hearing in June.. help and advice welcome

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  • Johnersh
    Johnersh Posts: 1,547 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    @bargepole absolutely. It's within the scope of discretion.

    Doesn't mean its not worth raising the point, esp if there are several errors made, to include the dodgy statement. Just because you've not made it stick doesn't mean others won't. 

    Barton is handy enough for the point that if rules apply to LiPs just as much as lawyers, then it's not too much to expect a professionally represented claimant to file the correct evidence on time. 
  • Le_Kirk
    Le_Kirk Posts: 24,625 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    bargepole said:
    Johnersh said:
    It follows that if there has been no prompt application and it was late, it should not be considered at all.
    In opposing any request for relief it is worth saying why the breach is significant or serious.
    The pattern here is continuous default and that's why its significant inmho:
    1. Late documentary disclosure +2 weeks
    2. Statement on time but containing incorrect information verified with a statement of truth and no reason given for yhat
    3. Corrected statement served +4 weeks after deadline.
    Late at all steps and the only document served on time was misleading and was later corrected (ie late). 
    I've been involved in cases where similar late or non service was a feature, with no application for relief from sanctions.
    I've argued the Denton tests, and Barton v Wright Hassall LLP until I'm blue in the face.
    But with some Judges, they will just shrug their shoulders, and say 'Well, this is small claims not the High Court, and we can allow some leeway'.
    But it always seems to be leeway for the claimant (so-called professionals!) and never the defendant!
  • DontWorryBeHappy27
    DontWorryBeHappy27 Posts: 48 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 10 June 2021 at 7:47PM
    Greenfern3665. I am following your thread with interest as it seems to be the same PPC as mine with the same landowner. I have emailed today  2/6/2021 the Charity who own the land to ask if they need to give general permission or specific permission for their parking agents to start court proceedings for the recovery of PCN invoices. I am awaiting a reply. 
    I also asked them if they have or PPC sought planning permission for signage and ANPR. I have found no evidence that anyone hast on the planning permission website  for the area.
    I await the letters from PPC demanding payment after POPLA  appeal failed and then see if they try the Court process. 
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