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Struck out case back again - I am at the end of my tether
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Ask the usher when you get there and tell them you have a preliminary matter to discuss with the judge, and/or speak to the judge first as soon as you get in the room and say the same thing.
Don't engage with the other side if they try to speak to you or give documents to you before the hearing.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks3 -
Got it0
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Yes you simply tell the judge there is a prelim matter before they start hearing from the other side.4
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Should I highlight in the preliminary matters the relevant CPR that has not been followed - or am I going to upset the judge by looking like I am pretending to be a solicitor...0
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Mention that the claimant has failed to comply with the CPR section XX, para YY, and their actions are unreasonable.
Don't forget to ask for costs and costs for unreasonable behaviour.
Send a costs schedule to the court beforehand.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks2 -
Tell us what you are thinking of saying.
I'd simply state that you were never copied in and knew nothing about the struck out case being resurrected until last month, which looks to be in breach of the requirements for applications. You find this wholly unreasonable and ask that the court considers the conduct of the Claimant and their representatives when it comes to costs.
And unless the solicitors have already filed & served a joint bundle (including all your evidence) to assist the court recently, I'd also assume after all this time that the court has probably lost your bundle (...sigh...I speak from experience!). Expect the worst.
As such, to preempt court error I'd email a copy to the court and solicitors today, making it clear this bundle is unchanged since it was first filed and served on DATE. This copy is being sent electronically to assist the Judge at the hearing.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Coupon-mad said:Tell us what you are thinking of saying.
I'd simply state that you were never copied in and knew nothing about the struck out case being resurrected until last month, which looks to be in breach of the requirements for applications.
And unless the solicitors have already filed & served a joint bundle (including all your evidence) to assist the court recently, I'd also assume after all this time that the court has probably lost your bundle sigh...I speak from experience!). Expect the worst.
As such, to preempt court error I'd email a copy to the court and solicitors today, making it clear this bundle is unchanged since it was first filed and served on DATE. This copy is being sent electronically to assist the Judge at the hearing.And have 3x printed copies.
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I won - case dismissed - costs awarded. Nice one guys8
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roberts589 said:I won - case dismissed - costs awarded. Nice one guysPlease 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 Street3 -
Fabulous news...well done4
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