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DCBLegal + total car parks ltd - witness statement stage (submitted)
Comments
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I am at work and I do not have it with me. I can post it in the evening. Apologies
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does this mean they want the judge to conclude in their favour (reinstate the case) without my response?
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Yes and be aware: the judge will probably agree because these applications do usually succeed. Regardless of objections.
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So do I need to file anything to counter this? They want it done without a hearing in person
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And it will be.
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okay so it will be done without hearing so i do not need to file a counter witness statement?
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I would certainly send your objection.
I don't suppose you had anything from DCB since December that suggested they had received the notice? I don't believe for a minute that they didn't receive it but you can't say that to a judge without evidence.
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Whilst I don't have physical evidence. I followed what you said about speaking to them on the phone when they call.
I asked them can you confirm the status on this particular case and they confirmed court hearing for 27th.
I will send my witness statement tonight to object.
Is there anything particular I need to add in the email so it is addressed quickly.
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"I asked them can you confirm the status on this particular case and they confirmed court hearing for 27th."
Oooh… When was that conversation?
Put THAT in your WS objecting and say you believe their solicitor David Croot should attend an in-person application hearing before a Judge, to explain why he is now claiming they knew nothing about the hearing date & 'didn't receive' directions from December. DCB Legal have recordings of every phone call and these must be produced. Attach your phone record of every time DCB Legal phoned you since December and put them to proof of all recordings.
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I believe this conversation may have taken place on 18th of march or earlier, cant really remember.
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