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Unexpected CCJ - Now won and claim dismissed!
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Should be fine: no disadvantage caused. Hopefully you emailed it to the local court hearings address, not the CNBC?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:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Yes absolutely, I have been in correspondace with them already.3
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Claim dismissed!
I think all I did was introduce myself, the Judge did the rest. He checked the company's right to issue PCNs and came close to throwing it out at that point, but the other side managed to find something in the witness statement.
Then he went down the poorly worded PoC route (which was the first limb of my defence anyway).
He read out CPR 13.4 and said he felt the claim form was deficient. He then gave the other side loads of leeway in trying to find somewhere the breach of contract was explicitly stated, going all the way back to the PCN. I was pretty relaxed because I knew it wasn't in there, however I was ready to argue my case that the WS and the PCN couldn't save the claim.
We went round the houses a bit and then he dismissed the claim. Never even got near the other limbs of my defence and I hadn't incurred any costs so I left it at that.
The other side asked to appeal and when asked on what gounds, they said it's only small court so the CPRs shouldn't be applied religiously. The judge replied he had already given plenty of leeway around that point.
Thanks to everyone and especially Coupon.
Smiles all around.9 -
Well done
Minster Baywatch bit the dust. !1 -
The other side asked to appeal and when asked on what grounds, they said it's only small court so the CPRs shouldn't be applied religiously.LOL!
Has that legal chap not heard of Barton v Wright Hassall? Nobody gets to play fast and loose with the CPRs, whether you are an individual or a legally represented serial litigator.
Well done you. Second hearing win today!
ANOTHER ONE BITES THE DUST!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:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1
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