Excel BW again

claretmad62

Morning to all. Need help asap on this now. Just received a bundle from BW on the back of the courts request. 8 working days late. I've called Skipton Court who received it yesterday. I need to put together an email to Judge Wright asking for this to be struck out because of the delayed response. How and what do I say ? Help!

bargepole

claretmad62 wrote: »

Morning to all. Need help asap on this now. Just received a bundle from BW on the back of the courts request. 8 working days late. I've called Skipton Court who received it yesterday. I need to put together an email to Judge Wright asking for this to be struck out because of the delayed response. How and what do I say ? Help!

I wouldn't do that, if you send anything like that to the Court, they will probably want you to submit a formal application and pay a fee.

I would hold on to the postmarked envelope that the bundle came in, and at the start of the hearing, which I presume is quite soon, raise a preliminary procedural point with the Judge.

You should state that the Claimant has failed to comply with the Court's directions, for which you have the evidence, and the Court can also confirm from the date they received their copy. As such, this has placed you, the Defendant, at a disadvantage, and you request the Judge to strike out the bundle, and dismiss the claim. BW Legal are a professional (Hah!) firm of Solicitors, and should not be able to rely on the Denton principles for relief from sanctions, as their actions are sloppy and inexcusable.

claretmad62

Ok...the lady on the desk said I could send an email in but rather than suggest it be dismissed, just make the point that I am in receipt of said document which is 8 working days after the judge requested and 12 days after it was actually sent. And then leave it for the judge to make the call. By the way...no date yet given for the hearing.

Thoughts ?

bargepole

claretmad62 wrote: »

Ok...the lady on the desk said I could send an email in but rather than suggest it be dismissed, just make the point that I am in receipt of said document which is 8 working days after the judge requested and 12 days after it was actually sent. And then leave it for the judge to make the call. By the way...no date yet given for the hearing.

Thoughts ?

OK, I was under the impression that the filing deadline was 14 days before hearing date, and that you were now only a few days away from that date, but that's clearly not the case.

If you haven't even got a hearing date yet, then the late service of the bundle doesn't put you at a disadvantage, so you could send an email, but I doubt that it would be struck out.

claretmad62

bargepole, I'm not 100% sure if you saw my post re: letter received from Skipton...it read:

"IT IS ORDERED THAT the claimant shall by 4pm 29th March file and serve further particulars of claim setting out the basis upon which it claims the Defendant is liable for the parking charge notice and if on the basis that the Defendant is the registered keeper ( whether or not in the alternative) the basis upon which the claimant asserts liability is transferred to the defendant.

The letter (bundle) we have received from BW this morning is there response to that letter

Lamilad

If you haven't even got a hearing date yet, then the late service of the bundle doesn't put you at a disadvantage, so you could send an email, but I doubt that it would be struck out.

If the judge has ordered a deadline and the claimant - as you say a supposedly professional legal outfit - has ignored it then surely there has to be some sort of sanction against them. If the deadline means nothing, if there are no consequences for ignoring it then why state one at all? The court may as well just say 'get it to us whenever you can'.

I would've thought deliberately ignoring a judges order with no good reason is contempt of court.

bargepole

Lamilad wrote: »

If the judge has ordered a deadline and the claimant - as you say a supposedly professional legal outfit - has ignored it then surely there has to be some sort of sanction against them. If the deadline means nothing, if there are no consequences for ignoring it then why state one at all? The court may as well just say 'get it to us whenever you can'.

I would've thought deliberately ignoring a judges order with no good reason is contempt of court.

Unfortunately, the Courts are quite lax in that regard.

Anyway, @claretmad, this latest statement is supposed to establish how they can rely on keeper liability - what does it say about that?

claretmad62

I am at work at present, so have not had a chance to view its contents. I will post the page/s up on my return.

claretmad62

I'm not really sure if this sounds right, so any help would be appreciated. But I feel I must make some kind of complaint.

I write to you on behalf of my wife (the Defendant in this matter) as her appointed representative.

We were in receipt of your letter!to the Claimant!dated 13th March 2017, in which you requested the Claimant to serve further Particulars of Claim by 4pm on the 27th March 2017.

We have today received a copy of BW Legal response, the date shown on the letter is the 23rd March 2017. However, the letter is 8 working days beyond the date you requested and having spoken to a representative of Skipton Court this morning by phone, I am advised that the Court only received the letter yesterday.

Please excuse my inexperience in these matters, but I find this totally un-professional & lacking in any respect for yours or the Courts wishes.

Again, please accept my sincerest apologies if you believe I have spoken out of turn. But this seems to have been a continuing feature with the Claimant and there appointed Solicitor, in which they have continually chosen to ignore requests for information within a requested timescale.

DoaM

Is it there or their? You decide.

(Anything being sent to the court should really be grammatically correct).