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MCOL Response to Defence

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  • #46
    That's good news. And you have the case law saying a pole is a mast too if they come back with that as an issue. The problem I think you may run into with the council is that the installation was a replacement installation for the original non working installation.

    The DQ will ask if you want to go through mediation - if both parties say yes to that then there will be a three way telephone mediation session with a court mediator. Any agreement reached during that appointment would be written under a mediation agreement. If nothing is agreed then the claim would proceed.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #47
      Amethyst, Im certain that neither of the Park Wi-Fi installations had the correct permissions. They were both illegal!
      Ive opted for mediation in the DQ, but have no idea of what the other side want.
      Can I say that the Park is in North Essex, I am in South East Essex and the Solicitors are in Exeter! Ive chosen Southend on Sea Court. Thats rather a long way for a solicitor to come for what, a half hour meeting? .

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      • #48
        Mediation would be on the phone, like a conference call, but you only talk to the mediator, and she ( usually) passes messages back and forth between the parties.

        When/if you get to a hearing at whichever court the case gets allocated to then it's more likely to be a half or even full day hearing depending on the issues, and they may well instruct counsel to represent them in the hearing ( which is why you should be mindful of the costs issue ).
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #49
          Yes. Thanks again. The problem is Im getting more confident all the time. Dangerous. There is no Local Authority permission for the wifi, my pitch was invaded without notice, the regulations were not complied with re control. The Defendant hardly communicated.

          I can support all of this. But yes, there are pitfalls all ove the place. Ill settle if possible.
          I think Ive got a genuine case, Ive tried to communicate as Ive said, doesnt that affect the award of costs, even if it doesnt go my way?
          Last edited by wormhandler; 8th December 2018, 09:19:AM.

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          • #50
            Addition, Ive even emailed twice to discuss the DQ, and no response at all.

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