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BW Legal Defence Thread - WS Stage - Court Date < 2 weeks

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Comments

  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Ok thanks @nosferatu1001 that makes a bit more sense, obviously not possible for a lease to be changed to cover every individual who is ever on the land itself, plus my friend's tenancy agreement states that the tenant will observe the restrictions in the head lease, for which there are none relating to parking. 

    69 pages includes 15 pages on my WS itself, then all of the lease and tenancy agreements, plus signage pictures and some case transcripts ( I haven't put the Beavis case in).

    Thanks for all your help.
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You serve on the claimant as on the claim form.
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    @Le_Kirk So I need to serve on Bristol Parking Services and NOT Bw legal?

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    BW Legal will be listed on the claim form! Same as they always are when they handle a case
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    I see, the claim form has the BW Bandit's address on there for serving documents, so email will be fine.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Only if
    1) You have their explicit permission to serve via email OR
    2) More tenuously, if theyve served YOU doucments via email
    Otherwise according to the actual ruels (CPR) you have to post. 
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    @nosferatu1001 I haven't had documents from them by email apart from offers to settle, only post.
    Does it matter if I post them the WS tomorrow ? (the deadline is 4pm tomorrow for the courts) 

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Well strictly, yes. You missed the deadline. You were instructed to serve on them by the deadline, that means it must be WITH them by the deadline. 
    However, do not panic. They are unlikely to be able to show any detriment from this. 
  • JP26
    JP26 Posts: 53 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    Ok thanks @nosferatu1001 I received their WS a day after the deadline ( I had an extension granted by the court last week), so figured I would just follow their example.

    If I email it tomorrow so it's technically received by the deadline and print of receipt confirmation for the court,  AND send recorded delivery I think I'll be covered?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    As I said, you *cannot* serve via email, technically, as this wouldbe breach of the CPRs. As such, even if you do send it, it has NOT been served by the deadline, despite it having been received.
    You are instructed to NEVER use recorded delivery. First class, proof of post. 
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