BigDosser Claim Defence Help - Gladstones. Help appreciated.

BigDosser

Thanks i will take all of the above into account and include in my WS. I did think the contract looks suspect. 
Just to check, can the WS be submitted online? I need to serve it by Friday 17th July, as my hearing is on 31st July. Or do i need to post it? Or both? 

nosferatu1001

You can serve it by email assuming you have an email address for the claimant, and you know the court will accept the size of your WS....
You really shouldnt be asking about this at this late stage. 

Umkomaas

Ordinarily your WS should be posted, but there has been some general Covid-related relaxation and electronic transfer has become more common. I'm not sure its use has been formally mandated, so if you want to be cautious, use both methods. 

nosferatu1001

Also, if you have to post it, your new deadline for posting is: tomorrow. Because it is presumed delivered 2 days later. 
you would hand deliver to the court. 

BigDosser

Ive finalised my WS, and have included invalid contract, the witness statement, Abuse of Process, No Grace period, Assumption of Driver, Signage and have included evidence. 
I will be ready to post tomorrow, but can hand deliver to the court as its only a 10 minute drive. I might try call them to see if they will accept an email due to the current COVID Pandemic. 
Assuming its fine to send it to the claimant via email, can prove it was actually sent to them! 

nosferatu1001

Dont assume. 
Have you had emails from them, for items such as the DQ? Yes or No
If YES then they are implicitly accepting service of court ordered docs via email, so youre relatively safe to send your docs to them. They cant serve by email and then complain theyre not going to accept via email as well. 

BigDosser

nosferatu1001 said:

Dont assume. 
Have you had emails from them, for items such as the DQ? Yes or No
If YES then they are implicitly accepting service of court ordered docs via email, so youre relatively safe to send your docs to them. They cant serve by email and then complain theyre not going to accept via email as well. 

Not the DQ, but the courts have emailed both myself & Gladstones to confirm the correct hearing date and Gladstones emailed me previously to offer a settlement of £160. I rang the Country Court this morning and they confirmed i could send the witness statement via email which i plan to do. Surely if the court accepts it via email, Gladstones should too. 
Should i post to Gladstones as well as email? Would prefer email as i can prove it was sent to them. 
Thanks

Le_Kirk

Gladstones can do what they like, they don't have to follow the court's procedures.  However, as suggested above, as Gladstones have contacted you by e-mail, you are fine to send it to them by e-mail.  No need to send by post as well - unless you really want to.

Coupon-mad

I have been emailing Gladstones  and not posting.  During COVID they can like it or lump it, IMHO.

nosferatu1001

Technically to  serve documents via email you need permission to do so. However right now it's tough on them - if theyre happy serving documetns on you via emai lthey cant complain if you do the same.