Claim form-county court business centre

nosferatu1001

Email CAN be used for service but only with telephone agreement...

MrsG2711

I have just read that the WS should be sent as a pdf. Mine was printed and indexed in a folder. Should I resend as pdf too. I did call the court and a clerk said this would be ok

nosferatu1001

As long as it was served, you’re good.

MrsG2711.

In response to my email telling gladrags that they were late with their WS and that I didn't agree to accept email, they have responded saying that my email address was on the DQ therefore they saying I agree.

They may have a point as I did write down my email address but didn't realise it was to receive the WS. This still doesn't excuse it being late.

Further to this they also say that they have not received my WS when clearly they did and tailored their late response to it.

They have asked that I email it which I will decline as I have a delivery receipt from the post office to say it was delivered.

Any thoughts.

Quentin

Why not keep the high ground??

Coupon-mad

They may have a point as I did write down my email address

No they don't. They are playing a game.

but didn't realise it was to receive the WS.

It wasn't.

This still doesn't excuse it being late.

Agreed! Cut them no slack.

I have a delivery receipt from the post office to say it was delivered.

Email them a scan of the delivery receipt (not the WS) and laugh...this all shows they are being unreasonable.

nosferatu1001

Yep, and the cpr are clear that you have to TELEPHONE to confirm the email server in use will handle the attachment. That doesn’t cut it

I would respond with the scan, plus excerpts from THEIR ws where they’ve clearly tailored the response, and state you will bring it to the courts attention tha they have lied to you , both about not receiving the ws and that you had agreed to accept service by email

Cpr 6a
4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

MrsG2711

Please see links to the claimants witness statement, I hope they work.

Interestingly the contract is written and signed after the ticket was issued (Dec 16) and after the LBC. Even more interesting, the 'site' 'relevant land' is not on the list of sites that the housing instructed the parking company to manage!

In my opinion their WS is written referencing elements of my WS which they say they did not receive. In my original defence I did not say they there was 'no contract'. I said the tenancy agreement pre dates the contract between the housing and parking company. I did not mention the entrance sign either in my original statement.

Your thoughts are most welcome

Quentin

If you have redacted the photos to stop the ppc identifying you then you need to redact the exact date & time (to the second) on the photo of the sign

System

Even more interesting, the 'site' 'relevant land' is not on the list of sites that the housing instructed the parking company to manage!

The first issue is the one you have raised which is that the location is not mentioned. The second will be the signatory on page 5. The difference between the first 4 pages and the 5 make it look like this "contract" has been constructed after the event and may be false or at least questionable.

It won't be the first time a false/constructed UKCPM contract has been presented at court to my knowledge. But the killer should be the location.

Get a huge list of costs and send it over to them as you should be able to pick up some cash for this one. Would also suggest that issuing claims on land they have no contract for is unreasonable as defined by 27.14 2(g)