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Northampton Court Claim arrived (MCOL)

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  • I think the DDJ today was just passing the buck actually, the defence in the case was quite simple (and the Skeleton short)
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • JackBasta
    JackBasta Posts: 112 Forumite
    Hmm. I would hope it doesn't even get past the first point of defence with my case. It's 5 years ago, nobody knows who was driving, and there is no legal way to pursue the registered keeper.

    My case is in Port Talbot, by the way.

    Incidentally, I hand delivered my bundle to the court yesterday and mailed a copy off to Gladstones to get there by the deadline today.

    I've had nothing from them. They may have got documents to the court on time but not to me. Should I phone the court tomorrow to check?
  • JackBasta
    JackBasta Posts: 112 Forumite
    Good luck on Friday by the way. I hope you skin them.
  • Gladstones are often late. If they are really late then they get in trouble, but not otherwise (there is a bit of leeway in the timetable) - but it's unfair for them to have the advantage of seeing your WS and documents first. write to them and ask them why they haven't served it and write to the court if you don't have a reply/their WS within a week to complain and ask for it to make an "unless order" (unless it's served within x days the claim gets struck out).

    They will pursue your case even though they don't have a case. They will ask for a presumption that you were the driver. Small chance they may discontinue at this stage, having seen your defence (as indicated by the late WS).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Same judges sit in Port Talbot as Swansea btw
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    When you have your bundle seal it with red string or tape and take it to court sealed.
    If the solicitor of the other side attempts to drop documents on you get up and move seats and leave them where they fall in the waiting room.

    take your sealed bundle in to court and state to the judge you are unsealing your court bundle.

    A unsealed court bundle is an "invitation for evidence"

    They can drop documents on an unsealed bundle at court and the judge will allow them.
    This is why you see solicitors bundles sealed with red tape or ribbon in waiting rooms, it signifies a sealed closed case bundle.

    Parking companies are famous for exploiting this unsealed bundle at court and will shanghai your case.
    I do Contracts, all day every day.
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When you have your bundle seal it with red string or tape and take it to court sealed.
    If the solicitor of the other side attempts to drop documents on you get up and move seats and leave them where they fall in the waiting room.

    take your sealed bundle in to court and state to the judge you are unsealing your court bundle.

    A unsealed court bundle is an "invitation for evidence"

    They can drop documents on an unsealed bundle at court and the judge will allow them.
    This is why you see solicitors bundles sealed with red tape or ribbon in waiting rooms, it signifies a sealed closed case bundle.

    Parking companies are famous for exploiting this unsealed bundle at court and will shanghai your case.

    They can attempt whether you have a pretty ribbon or not. The court shouldn't let them in either case Mitchel/Denton. 14 days is 14 days or a date is a date.

    Obviously applying the criteria of those cases 13 days will probably be waved through but on the day should never be allowed.

    Unless you can show me rules on the string, i'm thinking it's not right.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    It is known as "record sealing" and has been court practice for hundreds of years.
    Google is your friend.
    I do Contracts, all day every day.
  • henrik777
    henrik777 Posts: 3,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is known as "record sealing" and has been court practice for hundreds of years.
    Google is your friend.
    https://www.google.co.uk/search?q=record+sealing&oq=record+sealing&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8

    https://www.google.co.uk/search?q=record+sealing&oq=record+sealing&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8#safe=off&q=record+sealing+uk&*

    Apparently Google doesn't like me. Want to give me a hand ?
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    I don't think you would understand it to be honest, no disrespect intended.
    I do Contracts, all day every day.
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