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Overstaying - What is the Legal Defense?

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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,190 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 January 2021 at 1:21PM
    ZZ3100TV0 said:
    Do I need to enter either of the letters into evidence some how?
    The physical letter from 2013, stating the claim had been cancelled, and the email from DCBL?
    Everything that helps you goes in as evidence but NOT until witness statement (WS) stage, some months away. Provided you have mentioned it in your defence you can include it in WS and provide it then.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Have you not, as told, read the newbies thread? That explicitly and without ambiguity tells you when all evidence, incluing the WS, is filed
  • I've had my SAR through from DCBL, they've even sent me my defence, but there's a letter missing from it, one from July 2020.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ZZ3100TV0 said:
    I've had my SAR through from DCBL, they've even sent me my defence, but there's a letter missing from it, one from July 2020.
    Do you already have a copy of that letter? If so, the fact that they have failed to send you another copy is unimportant.

    Have they sent you anything you haven't seen before? If so, is it useful to you?
  • No, it's just otherwise everything they've already sent me.
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
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    edited 26 January 2021 at 8:50PM
    ZZ3100TV0 said:
    Do I need to enter either of the letters into evidence some how?
    The physical letter from 2013, stating the claim had been canceled, and the email from DCBL?
    At Witness Statement stage?  Why not?  What do you think?
    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.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    WHy wouldnt you enter into evidence, at WS and exhibit stage - so no need to ask when yo udo so, its in the newbies thread! - a key piece of evidence!
  • I've had my SAR data through from CP Plus, all they've given me is 6 PDF documents, which are just the PCN letters they originally sent me, 3 for each PCN.
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ZZ3100TV0 said:
    I've had my SAR data through from CP Plus, all they've given me is 6 PDF documents, which are just the PCN letters they originally sent me, 3 for each PCN.
    What more were you expecting?  What more did you ask for?
    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.

    Private Parking Firms - Killing the High Street
  • I was expecting to get the letter that they sent in 2017 stated at one of the PCNs has been cancelled, otherwise it seems like non-compliance.

    Incidentally, I've just had a letter from DCBL stating that the PCN has been discontinued, but can't see anything on MCOL concerning that just yet, however they've stated they've not cancelled the other one.

    Is there some sort of counter claim for pursuing me a PCN they cancelled?
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