CCBC Claim Form PPS BW

barnstormerdog

I sent the above info and have just received this from BWLegal:
Note: I received their WS via email at 4:40pm (the deadline was clearly marked 4pm) and hard copy by post arrived 2 weeks later. 
The court received the Claimants WS 3 days later. 

Dear Sirs,
 
Claim No:  ******

Parties: Premier Parking Solutions Limited - v - **********
Hearing Date: 13/11/2020 at 10:00
 
We refer to the above matter and the Defendant’s below email.
 
Please find enclosed the Defendant’s Direction Questionnaire in which the Defendant has provided his email address “ *********@gmail.com” a serviceable method.
 
Please further find attached the Claimant’s Solicitors email dated 07/08/2020 enclosing their Witness Statement to the Defendant via email.
 
Therefore the Claimant’s Witness Statement was served upon the Defendant on his agreed serviceable email address in compliance with the Notice of Allocation and the Defendant is put to strict proof to the contrary.
 
It is brought to the Court’s attention that the Defendant is attempting to mislead the Court and is being disingenuous that the Claimant did not serve their Witness Statement on time.
 
The Claimant will be bring this to the Judge’s attention at the hearing on Friday 13th November 2020.  
 
Please note the Defendant has been copied into this email for completeness and clarity.
 
Kind Regards,
 
Madiha Aslam
Paralegal
bwlegal

I am not misleading the court it was served late to the court and late to me. 

They attached a copy of the email they sent to me on the 7th August and it says 3:58pm on time sent and signed by BW Legal not a person. 

How should I respond?

Coupon-mad

Do you have proof of the time sent and is that in your evidence already?

If not, 'reply all' and attach the proof that the email was actually sent at 4.40pm and not seen until the next day, being out of time.

Were_Doomed

And make it clear that the Claimant is legally-represented and so has no excuse at all for missing court-imposed deadlines. Reiterate that the WS was served late (even by email) to the Defendant, and was served even later to the court (as already confirmed by the court?). As such the Claimant's WS should be discounted - they should receive no relief from sanctions -  and as the Claimant's witness is highly unlikely to actually attend the hearing, then the claim should be struck out etc.

beamerguy

It is brought to the Court’s attention that the Defendant is attempting to mislead the Court and is being disingenuous that the Claimant did not serve their Witness Statement on time.

Do as coupon says .... crazy bunch, talk about the pot calling the kettle black ??   What about BWLegal misleading the court with their fake add-on ..... very disingenuous to you and the court.
Where on earth are these people trained ?

barnstormerdog

Coupon-mad said:

Do you have proof of the time sent and is that in your evidence already?

If not, 'reply all' and attach the proof that the email was actually sent at 4.40pm and not seen until the next day, being out of time.

I have not put any evidence forward yet but I have an email from the court see below and I received the email from BWLegal at 4:40pm on the 7th. The sent time on their attachment today says 3:58pm, so they actually sent it at 3:58 but arrived with me at 4:40pm.
But I am sure the letter instructed that the court must receive the WS no later than 4pm on the 7th. So I will check this when I get home before replying. 

Dear Sir

 

I can confirm we received the Claimant’s witness statement on 11 August 2020.

 

barnstormerdog

"By 4:00pm on the 7th August 2020 the claimant must send to the court and to the defendant documents he intends to rely upon in the final hearing". I don't know when it was sent to the court but the court didn't receive it until 11th. 

Fruitcake

Redact your claim number.

Please post the scammer's WS (if it isn't tooooooo long) and exhibits, including their alleged contract to scam at the site in question. Only redact YOUR personal data.
If the WS is excessively long then please post the first page showing the name and details of the person who wrote the WS and the last page with the statement of truth and signature. It doesn't help us if you redact the names of scammers as you have done in your copy of their paralegal's email above.

If the scammers have redacted anything such as the names of the people who signed their alleged contract, please tell us. It is really important that we know what you have redacted and what the scammers have redacted. Our answers will be determined by what you show us, and far too many posters have sent us down blind alleys by redacting scammer's documents when we thought the scammers had done it themselves.

barnstormerdog

15 pages. 

barnstormerdog

barnstormerdog said:

"By 4:00pm on the 7th August 2020 the claimant must send to the court and to the defendant documents he intends to rely upon in the final hearing". I don't know when it was sent to the court but the court didn't receive it until 11th. 

@Coupon-mad This was the wording on the letter, so I should reply and outline that I was going on the fact that the court had received the WS 4 days late? 

Were_Doomed

In such a case the Claimant must be put to strict proof that their WS was served on time (turn their own words back on them), as the court has confirmed it was received late*. (Did the court confirm the mechanism by which they received it? Post? Email?)

* 7th August 2020 was a Friday. If they posted it by 4pm on the 7th and it arrived on the 11th, then that is the second working day after posting ... IF Saturday is not classed as a working day for postal services. (Interpretations Act 1978, for the serving of documents). In such a case it could be argued that it was served on time. So the argument may turn on the wording of the order  ... "By 4:00pm on the 7th August 2020 the claimant must send to the court and to the defendant documents he intends to rely upon in the final hearing" - does that mean send such that it arrives by that time? Or merely that it is placed in the postal service by that time?