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Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.
How can I help?
Not my area then.
I will opt out for others.
Hello my name is ***** ***** I will help you with this.Please explain your situation a little more?
Whats the Court hearing for?
What is D's application for?Are you C or D?
When was it listed?
Ok, so what do you want to know from me?Note it will be the morning when I reply.
So they gave permission, is that right?
When did you get the claim form and when was it listed for?Your statement of truth is wrong by the way.
Can you upload the court orders?The statement of truth should read:
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Yes, the rules recently changed.
So why couldn't you instruct a public access Barrister?They were available?You have had since 1/4/20 when the first hearing was 17/4 and then put off to 29/5Why does it need to be adjourned again?
But if he cant instruct then there would be no reason for an adjournment.
You wouldn't get legal aid, this is a civil matter.
I am not sure what you are asking me?
Not for something like this which is a parking dispute.
CAB wont be able to represent you.
Legal aid wont represent you for a parking dispute.
I asked you to upload the Court documents, you have not done so.
And the POC?
Sorry I see you merged into one document.
In short whats the defence then? Its not clear
I have read it. But I am not sure what the defence is. The defence document just waffles on
Yes. But I can't see what your legal defence is.
Perpahsi you can tell me in one short paragraph
I have read the particulars.
I cant see how there is a defence.
They own the Land.
When did you start parking and when did they ask you to stop?
No, sadly there is not. You could try the Bar Pro Bono unit but ou has left it a little late
So you are saying that fact you have parked there since 1998 it means you should continue, although you dont own the land?
Sure. Might I invite you to rate in the meantime, so I am credited for my time. Thanks
No, it remains in your account under 'My Questions'
No, there is never a defence w/s with the POC
You need to file a defence if you have not done so already.
What is the hearing Friday for, directions?
Do I need to send the Defence statement to the courts and the Claimants solicitor, and if so when does this need to be received by?If you are defending the claim you need a statement of truth. Yes, it needs to go to Court and Claimant. It needs to be sent Tuesday latest.Does the Defence document need to be prepared on a particular form or can it just be a written statement?It needs to follow the same format as a particulars of claimDo I need to add the statement of Truth?Yes it MUST have this.This morning I have sent you the 14 points that I feel are the key aspects of the Defence statement - could you provide your comments on the strength of defence and the wording used in the 14 points as these are what I intend to include in the defence statement.I really dont think you have a defence to the claim. Its their land, they are entitled to ask you stop parking.The telephone hearing - It was originally listed for the claimant to determine the issue but we asked for an adjournment to seek advice. The new hearing is that the defendants application notice is listed for hearing at the same time as the reallocated adjourned hearing. The purpose of the hearing is to consider the Defendant's application and to give Directions.
Ok - but thats only a perspective right which can be removed
It doesn't become absolute until after 40 years.
Planning - no
Leaseholder - no, its whoever owns the land
He would have right of access, but not to park
Does not mean you have an indefinite right.......
Thats the problem.
I think you need to do a deal of some sort. Sadly I think you are stuck and if you lose end up with a large legal bill
I dont know - they want to get you to stop.
You would need to try and obtain a licence to park.
Part 36 is an offer for 21 days so no, wont stop Friday.
You could seek permission to park at rear
Just pick up the phone and speak