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Parking charge - permit on show but not in bay

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145791013

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  • Laura_Higgs_76
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    Their ws is due on Thursday! Do they leave it until the last minute too? I have left mine until tomorrow so they don't have chance to use mine.

    Perfect! I have created the cost case already using a template from the newbies thread :-)

    Last daft questions (for now) - I am assuming I send my ws to the court it has been transferred to?

    Secondly, if so, the court is literally in walking distance to me - could I hand it in myself to the court or does it have to be by post?

    Thanks you!
  • Laura_Higgs_76
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    Gladstones' WS didn't arrive in todays post. Maybe it will arrive tomorrow.

    They had to pay the £55 court chart by 29th otherwise it was the end of the case - I am guessing they always do this on time and I would have heard by now if they hadn't?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    They have missed it at least once. It should be essentially automatic.

    As the court order tells you you serve it in the court, CCBC isn’t a court. So it’s your local court. Hand deliver is fine! I think you have to post to gladstones. Not sure they accept via email.
  • Laura_Higgs_76
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    ooh interesting! I guess I would have been told if they didn't pay it.

    Perfect! I posted it to both of them so they would receive it by 1pm tomorrow.

    What happens if Gladstones don't send theirs on time?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You call the court. See if they have a copy. State you don’t have one. Ask the court to not allow the claimants ws if it actually turns up, as this further disadvantages you. The claimant is likely to claim that late service is due to an administrative error, but this is not good reason to allow late service, especially as their solicitors carry insurance for just this eventuality
  • Laura_Higgs_76
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    Thanks Nosferatu - It didn't arrive today so I shall ring the court tomorrow and ask just that. I tracked mine and the court received my WS at 10.34 and Gladstones received it at 9.20.
  • Laura_Higgs_76
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    Still no Witness Statement! I have contacted the court everyday;
    Friday - hadn't dealt with Thursday's post yet
    Monday - The system was down
    Today - Finally received the answer that they still haven't received the claimant's WS either. However, they said they weren't able to advise on legal matters and that I would need to write to the court or process a formal order if I wanted the court to reject the claimant's WS.

    What do you think of me sending the following off to the court?

    FAO: Claims and Case Management **WOULD THIS BE THE JUDGE?**


    9th January 2018

    Dear Sirs and Madams,

    [Claim Number XXXXX], [Claim Number XXXXX] and [Claim Number XXXXX]

    I am the Defendant in all three of these matters. Claim Numbers XXXXX and XXXX have been consolidated.


    I am writing to discuss the Claimant’s Witness statement which had a deadline of Thursday 4th January, as stated in the Court Order. I still have not received this, and I have contacted the XXXX County court office who have advised they have not received this either. I would like to ask whether you would consider rejecting a late Witness Statement as this is a further disadvantage for myself as I have not received any documents or evidence to this date.

    I am also writing to follow up about my request to the court regarding the final claim XXXXX and whether it could be struck out, or in the alternative, consolidated with the other two cases, into a single set of proceedings. Dealing with two separate claims and potentially two trials is unnecessarily time consuming for me and a poor use of the Court's resources.

    I look forward to hearing from you.

    Yours faithfully.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    If you have an allocated judge - which you do - you send it for their attention.

    Other two cases, yet you then say 2 sep claims - surely if there are two OTHER cases, you have THREE cases in total.
  • Laura_Higgs_76
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    Typical - Just received their WS statement today. Can I still send a letter to ask for it to be rejected as its late?

    Will send their WS in due course
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You can state how much it has disadvantaged you of course, and as that this breach of the court order is not allowed at the hearing.
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