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URGENT: UKPC & SCS Law

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  • Immy_007
    Immy_007 Posts: 92 Forumite
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    Hi Guys

    I have not heard anything apart from the hearing date letter

    What do i do or where do i stand now?
  • KeithP
    KeithP Posts: 37,638 Forumite
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    edited 13 April 2019 at 2:29PM
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    Immy_007 wrote: »
    What do i do or where do i stand now?
    Have you filed and served your Witness Statement and evidence?

    When is your hearing date?
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Immy_007 wrote: »
    Hi Guys

    I have not heard anything apart from the hearing date letter

    What do i do or where do i stand now?

    Remind us what stage you are at, why this delay, and when is the hearing?

    And as KeithP asked:
    Have you filed and served your Witness Statement and evidence?
    ...as the hearing date letter told you to, by a certain date (when?).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • rachity
    rachity Posts: 103 Forumite
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    Google 'laches' & 'passive acquiescence'
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  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Coupon-mad wrote: »
    Remind us what stage you are at, why this delay, and when is the hearing?

    And as KeithP asked:
    ...as the hearing date letter told you to, by a certain date (when?).

    It must be imminent - this thread was marked as URGENT over 12 months ago! :cool:
    Please 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.

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  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    rachity wrote: »
    Google 'laches' & 'passive acquiescence'

    But IIRC from my own studies so far, laches is an equitable defence. Normally only used & applied to claims for equitable relief, like injunctions. Not to claims for damages or contractual breach/agreement.

    And in this case a claim was filed already and we last knew that the C had not complied with an order. Not the same thing at all.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • rachity
    rachity Posts: 103 Forumite
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    Coupon-mad wrote: »
    But IIRC from my own studies so far, laches is an equitable defence. Normally only used & applied to claims for equitable relief, like injunctions. Not to claims for damages or contractual breach/agreement.


    Yes....you would be asking for injunctive relief due to the passage of time, & therefore the (virtual) impossibility of verifying the Claimant's assertions. (Unless you drive the Tardis, that is.) :D
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  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    The PCN is only 3 years old - that's nothing compared to some.

    And we don't even know right now, what stage the OP is at.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • rachity
    rachity Posts: 103 Forumite
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    Coupon-mad wrote: »
    The PCN is only 3 years old - that's nothing compared to some.


    With penalty charge notices to owner/keeper, the maximum allowed for service is 6 months (28 days being preferential.)


    Both BPA & IPC expect similar maximum lengths of time (6 months) for non PoFA cases.


    Imho, to conform to the 14/29-56 day limits imposed by PoFA, & then to sit back & rest on ones laurels for 3 years seems a bit incongruous.
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  • Immy_007
    Immy_007 Posts: 92 Forumite
    edited 15 April 2019 at 2:55PM
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    Hearing is on the 30th April but unfortunately i have misplaced/lost the hearing letter

    I have called the court but will have to pay £10 for another copy as i do not know what actions to take as stated on the hearing letter

    However just yesterday i have received the Claimant's Witness Statement and Statement of Costs dated 12/04/2019 with a massive Thick pile of previous letters and pictures from ANPR camera and signage etc

    The last correspondence was the hearing letter dated 26/11/2018

    Before that was General Form of Judgement of order dated 20/09/2018 where it was stated the claimant shall file and serve the promised detailed particulars of claim within 14 days and the defendant shall file and serve amended defence within 14 days of service of the Particulars of Claim.
    https://imgur.com/a/3Hi7fbm

    and now this witness statement from claimant came yesterday
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