Default judgement entered for UKPC PCN

Coupon-mad

In a case where you have passed the CCJ set aside hearing already and are now moving forward to the final PCN hearing, you don't need a skelly.

Ale88WL

Update: last week the court merged the two cases (one as an in-person hearing in the morning and another one as a telephone hearing in the afternoon) in the same hearing in the morning.

Phoned just a few minutes ago out of curiosity and have been told that one case got discontinued on the 19th (so one week before the hearing, but we did not get any notification from DCBL) and the other (with two PCNs) is still going ahead in the morning.

When asked about costs for the discontinued case the court clerk told me to fill out an N244 form. Do you think it is worth it? The Claimant discontinued one week before, but we did not get any notification in writing. TIA.

I also will be curious to see if anyone from DCBL will show up on Thursday  

DE_612183

I'm guessing you may get a discontinue before Thursday - unless they thought they were discontinuing both!

Ale88WL

No, in the email the Court forwarded (as I asked to get DCBL Notice of Discontinuance since they did not send it to me) they say that they want still the hearing to take place for the other - and juicier in terms of money sought - case. 

Probably they expect to win this other as they have pictures where they claim the car park permit is not displayed (a thing that we respond to with Pace v. Mr N.).

Also found on the land registry that the landowner changed in 2015 - they submitted their original landowner agreement from 2011 - but the developer UKPC signed the original contract with remained as the one in charge of the tenancy agreement. I don't know if I should bring this up at the hearing, as sadly I just realised now and it's not in my WS bundle...

Mouse007

Ale88WL said:

Also found on the land registry that the landowner changed in 2015 - they submitted their original landowner agreement from 2011 - but the developer UKPC signed the original contract with remained as the one in charge of the tenancy agreement. I don't know if I should bring this up at the hearing, as sadly I just realised now and it's not in my WS bundle...

Did you use the standard defence template? If so it is in there (paragraph 22 in the unedited version) and you might be able to slide this in with a quick skeleton arguement (SA)

Mine is here for reference. of what a SA looks like.

I had picked up on the lack of land owner authority when we received the Claimants WS 2 weeks before we had to file ours. I was grateful at that point we had used the template defence and could refer to it.

Ale88WL

Unfortunately did not include such a particular paragraph in the Defence (but did so in the WS, after we received the Claimant's WS attaching an old, pre-UKPC breach, landowner agreement).

Coupon-mad

Why are you listening to wrong 'advice' from a court clerk, when the issue of claiming costs after a very late discontinuance is already covered in the NEWBIES thread, with a link to what @bluetoffee1878 did, that you can copy (in your case verbally at the hearing, referring the Judge to the annotation in the White Book that the Template Defence already quotes).

One down, one claim to go!

Ale88WL

Court hearing tomorrow morning. Any tips or do/don'ts? A bit nervous, but determined  

My husband will try to be the lay rep.

In terms of documents: We are bringing hard copies of Right of Audience of Lay rep, Defense, WS (mine and the Claimant), Pace v. Mr N. judgement, some pages of the BPA code of practice (on land ownership, grace periods, and photos), and a file from the land registry showing that the freehold was sold to another company in 2015 (their agreement was with a company in 2011 and the PCNs are 2017) - even if this was not included in the WS, I thought it may be worth to show the judge.

We are also bringing the original Tenancy Agreement (attached to the WS) and i printed the article from the news about UKPC being disciplined by BPA.

TIA

Mouse007

Yup, have a read and take some reassurance from the posts on here yesterday (24 Jan) and then today's result

Le_Kirk

Ale88WL said:

In terms of documents: We are bringing hard copies of Right of Audience of Lay rep, DefenCe, WS (mine and the Claimant), Pace v. Mr N. judgement, some pages of the BPA code of practice (on land ownership, grace periods, and photos), and a file from the land registry showing that the freehold was sold to another company in 2015 (their agreement was with a company in 2011 and the PCNs are 2017) - even if this was not included in the WS, I thought it may be worth to show the judge.

We are also bringing the original Tenancy Agreement (attached to the WS) and i printed the article from the news about UKPC being disciplined by BPA.

Presumably you have previously supplied all this with your witness statement and evidence.  Edited to say I've just read that it was not supplied with the original WS.  It is unlikely that the judge will allow it as the claimant could/will accuse you of ambush!