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Urgent, court hearing in July, WHAT NEXT :(

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 June 2024 at 1:34PM
    Good extra evidence. You are 'the owner' of the garage by the ordinary meaning of that word, and obviously have your own permission to stop outside your garage.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 June 2024 at 4:11PM
    Para 5, use the word "stopped" rather than "parked." The same applies anywhere else you have used the word parked.

    As for the sign prohibiting parking in front of your garage, (which is what I think you meant when you said you can park there), this is an unfair term as you pointed out. If you can't stop there, then you can't open or close the door meaning you cannot use the garage. The Consumer Rights Act 2015 applies to unfair contract terms. 

    Note that the Jopson v Homeguard case was heard by His Honour Judge Harris QC, not judge Metcalf, and since this was an appeal case, it is persuasive on the lower courts.
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  • h2g2
    h2g2 Posts: 242 Forumite
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    Note that the Jopson v Homeguard case was heard by His Honour Judge Harris QC, not judge Metcalf, and since this was an appeal case, it is persuasive on the lower courts.

    Oh, oops! I'll correct my post. HHJ Metcalf was Link vs Mrs P, I think. 
    :s 
  • LDast
    LDast Posts: 2,496 Forumite
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    There are a couple of instances where the word "defendant" is used. It should changed to "I" as the WS is written in the first person.

    Additionally, do not get confused or confuse the judge about DYLs On their own, according to the Highway Code, DYLs allow stopping for the purpose of loading and unloading. On their own, DYLs do not allow "parking" and it should emphasised that "stopping" "loading" or "unloading" are not "parking".
  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    OK - I've written it all and need to evidence the whole of each case - ie Jopson etc? Or just parts of it ?
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    The entire transcripts as exhibits.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    edited 27 June 2024 at 12:11PM
    Well !!!
    I submitted my documents yesterday and today received an email from the County Court which contained a copy of the notice of discontinuation regarding this case dated the 10/05/2024!!

    DCLB hadn’t let me know, instead, they were still emailing me regarding the court date and saying they have submitted their defence?!
  • Gr1pr
    Gr1pr Posts: 8,824 Forumite
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    edited 27 June 2024 at 12:23PM
    Lol, typical !

    Please post a redacted picture of the NOD below, so Umkomaas might add you to his long thread about it 

    .edit 
    You previously told us that the court told you that the court fee was paid on the 10th of June ? Yet the NOD states 10th of May. !
  • ISTIAWAN
    ISTIAWAN Posts: 96 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    I am on the phone to the cowboys now - they think they may have sent the wrong witness statement to me!
  • h2g2
    h2g2 Posts: 242 Forumite
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    Better not to phone them and do everything via (e-)mail. That way you have a verifiable record of what happened.

    Not sure how best to handle sending the wrong witness statement, though. It would have been interesting if that wasn't noticed until the hearing...
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