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Autistic - please help. Premier Park Claim

135

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
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    edited 30 July 2024 at 11:31AM
    The other thing people have done at this stage to avoid Cardiff court is they quickly (at this early stage) advised the court & the thugs, that their address has changed.

    Someone in Cardiff used a friend's address in Bristol and soon after the case was sent out to Bristol court, DCB Legal discontinued.
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  • Le_Kirk
    Le_Kirk Posts: 24,750 Forumite
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    I'll be working on my defence, but just to clarify, am I right in thinking that as the particulars are not set out in detail (see photo) then I should be using the @hharry100 (Chan) paragraphs? 

    Also, with regards to the "EXPLAIN IN YOUR OWN WORDS" paragraph, what sort of detail should I be putting in there? Do I just say it the vehicle was there because I was attending an event that was being held at the shopping park in the car park? Or do I need to add more details around why I overstayed?
    It might be that, having read other suggestions, you go with @LDast's suggestion, therefore you won't need Chan or Akande.  If you do use the @hharry100 defence, just say why the car was there and do not try to answer points that are not in the POC, e.g. do not explain about overstaying as that is not mentioned in the POC.
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
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    Someone with autism has an invisible disability and may well need more time to navigate through crowded shops and to make purchasing decisions. 
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  • LDast
    LDast Posts: 2,496 Forumite
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    edited 30 July 2024 at 4:31PM
    The advice from on high is as follows…

    Use the short defence and draft order as is.  Do not change it to add reference to persuasive appeal court rulings at this stage. 

    At DQ stage say in the DQ that “Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.

    You can attach the two transcripts and another copy of the draft order to the DQ.
  • @LDast I'm completing my defence now using the short defence (third person). I just want to confirm that other than adding claimant and defendant name, claim number, and signing and dating there is nothing that needs to be changed - In point 4 it references the defendant as 'he/she/it' - do I change this to reflect my gender, or leave as it? And just to clarify, is ClaimResponses.CNBC@justice.gov.uk the correct email to send the defence to?

    Also, where do I need to confirm which court I am requesting? Or do I only do this at the DQ stage?
  • LDast
    LDast Posts: 2,496 Forumite
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    You should edit the defence point 4 to the circumstances as necessary "He/she/it". Yes the defence and the draft order is sent to that email address. Make sure you also CC in yourself and check for an auto-acknowledgement email from the CNBC.

    You will request your local court when you get your own N180 DQ. Even if you don't nominate one, the CNBC will assign one based on your post code.
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
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    As this is Cardiff court, this may be the best approach at this stage. Try to corral the Judge into a sensible Order.
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  • @LDast Can I add the draft order pdf to the email as a 2nd attachment, or does it need to be included within the same pdf document as the short defence?
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
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    A Draft Order is a WORD Doc. Separate!
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  • LDast
    LDast Posts: 2,496 Forumite
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    edited 16 August 2024 at 4:49PM
    Regarding the format of the document, it’s a matter of personal preference by each judge how they actually get the order typed up. Some might attach it to a very simple order sheet saying “see attached” and others might actually get the Court staff to type the whole thing out. If you want to send it as a Word docx, then there is no hard and fast rule.

    You can easily convert any PDF file to a Word doc using an online converter such as SmallPDF.com
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