EMA airport fine for stopping at double yellow line - court date in near future.

san2020

Coupon-mad said:

Happy to try this but slightly concerned that cost may likely go up once application is served the other side.

A 'without notice' application is not served to the other side, as I have said before.

There are examples in case law where parties have asked the other side if they will consent but that's not the same as 'having to'.  But I stress  that I am not legally qualified, I am merely saying what a 'without notice' application is, as I understand it.  And that such applications are just you asking the court ''can I do this/that please, will you give me permission?'' and the Judge looks at your reasons and either says yes you can or no you can't.

Which seems to be what the CAB told you as well.

- remediation (pay back in chunks full (£270)

Do what now?  You are not going to pay and certainly not in instalments which gets a 'permanent' 6 year CCJ, damaging your credit rating.

Happy to try the 'Without notice' route. Will avoid mediation as well.
Still not entirely clear how the process of 'without notice' works. 
Make application N244, pay 100, get reference number, submit new defence, wait for further reply from court, don't send to VCS. still stick with same date for WS submission to both C and VCS? 
does this sound right?
Very useful advise on consequences of mediation.

Fruitcake

If/when you have the scammers WS, please post it here for the regulars to look over. Only redact YOUR personal data. If the scammers have redacted anything, please tell us.
If the WS is exceptionally long, post the first page with the (para)legal's name and the last page with their signed statement of truth. Also show us their exhibits/evidence, especially all pages of the contract with the landowner, and any maps showing the areas they are contracted to scam.
We have seen two cases at Bristol Airport thrown out because the car was outside the scammer's scamming zone.

Coupon-mad

san2020 said:

Coupon-mad said:

Happy to try this but slightly concerned that cost may likely go up once application is served the other side.

A 'without notice' application is not served to the other side, as I have said before.

There are examples in case law where parties have asked the other side if they will consent but that's not the same as 'having to'.  But I stress  that I am not legally qualified, I am merely saying what a 'without notice' application is, as I understand it.  And that such applications are just you asking the court ''can I do this/that please, will you give me permission?'' and the Judge looks at your reasons and either says yes you can or no you can't.

Which seems to be what the CAB told you as well.

- remediation (pay back in chunks full (£270)

Do what now?  You are not going to pay and certainly not in instalments which gets a 'permanent' 6 year CCJ, damaging your credit rating.

Happy to try the 'Without notice' route. Will avoid remediation as well.
Still not entirely clear how the process of 'without notice' works. 
Make application N244, pay 100, get reference number, submit new defence, wait for further reply from court, don't send to VCS. still stick with same date for WS submission to both C and VCS? 
does this sound right?
Very useful advise on consequences of remediation.

No idea what you even mean by remediation.  Do you mean 'Mediation'?  If so, that is covered in the NEWBIES thread where it clearly says ''no''.

You do not get a reference number then submit a new defence.  You apply and pay £100 then await the Judge saying ''yes'' to allow it, first.

nosferatu1001

You can try iot, but be warned
I am pretty sure, based on reading, that this cannot be a without notice app. You are materially affecting the other side, as they have made a decision to continue having received your defence. While they probably wont change their mind if you file an amended defence, they may do. Because of this by excluding them from your applicaiton, you are disadvantaging them. 
Try it but I fully expect that this change to your statement of case will cause you issues, the least of which being it will cost you £255 to actually change it.
At this point you are sinking AT LEAST £100 into a £230 charge, and you wil NEVER get that £100 back. 

"Also chat with CAB today, they advised to stick with N244, (£100), request for it to be set a side on the basis that the claimant has not followed the correct process. (if set aside, defendant may still be liable for the debt, but can proceed without court's involvement. (Options at this stage)
-remediation (pay back in chunks full (£270)
-Claimant may submit a new Claim Form, new Defence can be drawn at this stage
- Claimant argues with court and court decides to not set the case aside and I pay the additional (£ X) amount to keep this going.
as a layman, I am willing to go for the £100 option if only the WS needs can be amended which may go with the current defence.
your thoughts?"
I have no idea what the above means, as it is a complete mess. 
1) What do you mean by set aside? There is no judgment to set aside!
2) What havent they followed correctly? Chapter and verse needed here. 
3) Do you mean having the claim struck out entirely? On what grounds?


Personally I suggest just writing a proper WS and chance your arm there. I dont think any other route is liekly to assist you long term, partly because you still dont seem to know the basic terms and any application is going to need you to use the right language in tyhe right places

san2020

AAAAHHHHHH, another claim form received. for stopping in a zone where stopping is prohibited. (this time it is at Fuel Station at EMA) Letter dated 11/03/2021 from CCBC. I think this needs another thread but just mentioning here.
160 + Court Fee 25 + Legal Reps cost 50 = 235.

Johnersh

*caveat: I've not read the progress of this lengthy thread or the pleadings*

If you apply to amend your defence, unless by consent, it will be listed for a hearing and, by definition, the other side will then need to be notified of the need to attend.

Even if the court did allow the amendment on the papers, the PPC would then be given 7 days in which to set aside the order permitting the amendment if they sought to do so.

My experience of fighting my own case was that the DJ permitted the ppc to run arguments that had never been set out in the shoddy particulars of claim, which were like 2 sentences long.  The corollary is that D can argue that he should be permitted to similarly develop his arguments, since it is only the statement from the PPC (usually containing legal submission and very little fact) which really sets out what the case is about. 

In my case, the defence was erm, rather better than the particulars of claim, but the point still holds good. 

If the defence hasn't already been struck out there's seemingly enough in it to show an arguable case (at least in principle) 

KeithP

san2020 said:

AAAAHHHHHH, another claim form received. for stopping in a zone where stopping is prohibited. (this time it is at Fuel Station at EMA) Letter dated 11/03/2021 from CCBC. I think this needs another thread but just mentioning here.
160 + Court Fee 25 + Legal Reps cost 50 = 235.

Yes, please start another thread for this.

san2020

Fruitcake said:

If/when you have the scammers WS, please post it here for the regulars to look over. Only redact YOUR personal data. If the scammers have redacted anything, please tell us.
If the WS is exceptionally long, post the first page with the (para)legal's name and the last page with their signed statement of truth. Also show us their exhibits/evidence, especially all pages of the contract with the landowner, and any maps showing the areas they are contracted to scam.
We have seen two cases at Bristol Airport thrown out because the car was outside the scammer's scamming zone.

no WS received but got letter from their Lawyer. see if it readable using link:
hxxps://www.dropbox.com/s/5rgenlsao6az3i3/elms1.jpeg?dl=0

Le_Kirk

Here is your link made live, a normal tactic that letter, if they think they might lose: -
https://www.dropbox.com/s/5rgenlsao6az3i3/elms1.jpeg?dl=0

san2020

Le_Kirk said:

Here is your link made live, a normal tactic that letter, if they think they might lose: -
https://www.dropbox.com/s/5rgenlsao6az3i3/elms1.jpeg?dl=0

thanks, so plan is to wait for their WS which may come at some point from Claiment? I am not prepared with any WS for this yet. will keep you posted.