Letter of Claim - Called my Bluff

KeithP

phily_b said:

...conscious that time is ticking away given the delays it might take for the courts to get it onto MCOL.

Earlier I wrote...

...you have until 4pm on Monday 10th August 2020 to file your Defence. 

That means you have up until 4pm on Monday 10th August 2020 to email your Defence to the CCBC.
You do not need to make allowances for them to 'get it onto MCOL'.

Send it at five minutes to four on that day - ok, allow a bit for contingency - and you will receive an automatic email receipt confirming that your Defence was received in time.

phily_b

KeithP said:

phily_b said:

...conscious that time is ticking away given the delays it might take for the courts to get it onto MCOL.

Earlier I wrote...

...you have until 4pm on Monday 10th August 2020 to file your Defence. 

That means you have up until 4pm on Monday 10th August 2020 to email your Defence to the CCBC.
You do not need to make allowances for them to 'get it onto MCOL'.

Send it at five minutes to four on that day - ok, allow a bit for contingency - and you will receive an automatic email receipt confirming that your Defence was received in time.

Amazing, that's good to know, yourself and your "colleagues" knowledge and help on this matter is most appreciated.

1505grandad

Should that be  -  "18.  The driver............."

Coupon-mad

 The Defendant is not the only driver of this vehicle and 

Remove the above, what's the point of leaving that in, if you are admitting to driving (which you can)?

 The Defendant had no idea that any contract was undertook

Undertook is not the right word.  Copy my words.

Le_Kirk

The Defendant had no idea that any contract was undertook upon the arrival to the car park

Maybe change the tense of the word to "undertaken" and should if be driver not defendant if you are defencing as keeper as is implied in your paragraph 17.

phily_b

Coupon-mad said:

 The Defendant is not the only driver of this vehicle and 

Remove the above, what's the point of leaving that in, if you are admitting to driving (which you can)?

 The Defendant had no idea that any contract was undertook

Undertook is not the right word.  Copy my words.

Thanks again, I have removed the original paragraph 17 and am going with the below:

1.      The Defendant had no idea of any contract upon the arrival to the car park and could therefore not be bound to it. The car exited without entering into a contract in what should have been an allowed consideration period in addition to the minimum ten-minute grace period to leave.

phily_b

So DCB Legal are going to commit to the claim on behalf of Bank Park. Their DQ has been submitted.

beamerguy

phily_b said:

So DCB Legal are going to commit to the claim on behalf of Bank Park. Their DQ has been submitted.

They may well commit, does not mean they will win

nosferatu1001

Completly expected. Theyve paid for everything up to the hearing ,so of course theyre going to keep going. Longer it takes more chances you will settle, is how they see it. 

phily_b

So I have a court hearing on the 26th Feb. Looks like a nice 3 in 1 job for the judge which should be interesting. Hopefully we can play off each other and get somewhere against the lawyer.
Not sure what I am going to put in my witness statement just yet so will get onto that.