UKPC/DCB(Legal) 11+PCNs for privately owned van used for my Ltd Co. - PAPLOC for 5, gained Default Judgement!! - Parkhorse Shopping Centre, Church St, Hudds, HD1 2RT **SET ASIDE+CLAIM DISMISSED**

[mrk1]

I’m on it. 
The only thing I need to stay focussed on is the court hearing and going in and winning it for the 11pcn invoices. 
once I have won that, that is all I need to do. 
This absurd claim for £295 for a McDonald’s invoice is not worth paper it’s written on. Any obscure fees they add on are not legally binding. 
 

So I just have to work for court date to be sent to me and then go smash them up and that’s it. All done. 
 

 

[honeybee13]

Isn't the court date you're waiting for the set aside hearing? The judge isn't there to decide the case, it's about whether he sets aside the original decision. If he does, it sets the clock back to when the case started.

 

If you're successful, then there will be another hearing for the original case.

 

HB

[mrk1]

Sorry yes you are correct. That’s what I meant. Once set aside fleeces will have to send out a claim form and will go at it again. 

[dx100uk]

no you already have the details of the claim.

there is no new claimform.

simply reset things to as if you've just received the original claimform and the details upon it.

 

dx

 

[mrk1]

Yes and then I defend myself on that claim and send it back to the court and hearing date is given ?

[dx100uk]

well you'd already know all this if you'd bothered to read even just one other PCN claimform thread here

but as you haven't, unless you've done it when not logged in, you wouldn't be asking all these newbie question .....after being here for 13yrs

 

 

 

[dx100uk]

been doing some work

 

here is the sar return for ALL 11 windscreen PCN's subject to the default judgement and set aside.

All 11 Windscreen PCNs inc notification letter+NTK+Photos.pdf

[mrk1]

Thanks. 
I had this on USB also. 
Can I ask why you uploaded them here again? 

[dx100uk]

because you'd spread it over 3 posts days and 100's of posts apart.....

when we ask for something just do it...not go off on a tangent rant totally forgetting to complete the task that we want it and doing it in 3 parts.

 

 

[mrk1]

I callled local high court (bradford) and spoke with a person there. She told me I should have a 'notice of hearing' letter out this week, and a hearing is set for 11th May. A virtual hearing.

She said if I wanted to submit any more evidence I can do so online but she did not say where.

I did submit all my evidence.

I asked her if the judge sets aside and stays the writ if these have the cease their attempts to pursue me and she said 'as far as he knows yes' as judgement set aside.

So 11th May big day?

[honeybee13]

Do you know how long they have allowed for the hearing?

 

HB

[mrk1]

I just called back.

30 minutes.

Said I will be face to face on video with these rotters.

 

So no dount I will have to literally defend myself in front of a judge. Are we not supposed to be given free legal advice in a court or what?!

 

Also what should i expect next? I submitted to mcol last night, I can't log into gov gateway now? It won't let me!

Edited May 2, 2023 by mrk1

[dx100uk]

just chill, it's a really simple process, speak when spoken too, and only answer what is asked!! stop talking when done, you rely upon your statement (read from it) regarding how you have already responded to that Q in your submissions, sir m'lud or whatever...i refer you to my statement page ref line paragraph...xxx filed with you already. stop talking. .....then let the fleecers hang themselves...

[mrk1]

OK, I will only use the written statement that was made more concise by you or dave.

All my evidence is submitted though.

Guess just wait now.

Looking forward to smashing them up

[honeybee13]

I always tell people not to get too cocky, even when it seems like an open and shut case for them. Make sure you know your statement well, so that you can find answers to questions when you need them on the day.

 

HB

[mrk1]

Yes I will read over my statement in advance.

Is the judge going to try trip me up on anything, be hard on me? Or will he or she obviously be impartial. I guess the latter.

I would state my case here but I don't want to incase any of the dogs are looking.

I am very confident, as I have defeatd them on their only weapon, fear. After you get past that it's all just one big joke.

[honeybee13]

The judge isn't there to trip you up and they may even help you keep on the right track as you're an inexperienced LiP.  They're there to decide who is right in each case.

 

Don't try the macho stuff like your last sentence in court, the judge may not appreciate it. You think their rep is going to attend via video and you'll be there in person? Or is it all video?

 

HB

[mrk1]

Yeah don’t worry. I’m respectable. 
I asked if everyone would be on video and she said yes. So I will be on video also. I hoped in person but suppose that’s how it is. 

 

One of the points I want to make is that in a letter from the management company at the time they state something along the lines of our tenants (me) were allowed as much time as they needed to load / unload.

 

He more specifically said ‘there wasn’t any agreed time on this, just what was required’. That’s a signed letter head. 

And the PCN time stamps show mere minutes or 5 min or less of time loading / unloading. 
 

 

[dx100uk]

the hearing is only 30mins

the judge wont go into any minute details at all.

all he needs to see is that your application to set aside meets the 2 criteria.

 

1. why didn't you get the claimform - as long as its not a fault of your own doing - then job done.

2. do you have a defence for the original claim that looks like it reasonably shows you have a good chance of defending.

 

he might not ask anything at all.

 

dx

[mrk1]

As for point 2 I guess my defence is in my evidence of what I submitted. 
The letterhead from management company confirming my tenure and the fact he said we were allowed as long as we needed to load unload and that the pcn show only minutes of doing so…

 

Well that should be enough I’d hope.  

[brassnecked]

Mention of Jopson v Homeguuard as to loading not parking as how else would you be able to bring stock to the premises, just run it past the team what you are going to say get it all tied up neatly and concisely

 

[mrk1]

Yep. It’s that simple. Along with the 2 above points I made. 
Also if I was truly taking the proverbial I’d have more like 360+ PCN. 

[dx100uk]

i've asked you repeatedly to stop the swearing and the rhetoric..yet again you do it??? and your post had to be edited...

 

why??

 

one more and you are banned...no ifs or buts.

 

dx

[mrk1]

Sorry. 
 

Just a quick thought. Now with a hearing date in view can dcbl still send anyone around to entertain me at my doorstep? 

[dx100uk]

doubtful they ever were.

the claimant never returned to court to ask the judges permission to use bailiffs did they....??

 

 

dx