CCBC Claim Form PPS BW

barnstormerdog

Were_Doomed said:

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?)

The court didnt confirm what mechanism but I assume email only because the hard copy I received didnt arrive until 20th August. 
They have just emailed again - same email but a screen shot of the email to me in which it says sent at 15:58pm on the 7th. But they have not shown any proof that it was sent to the court on time yet. 

Le_Kirk

barnstormerdog said:

Were_Doomed said:

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?)

The court didnt confirm what mechanism but I assume email only because the hard copy I received didnt arrive until 20th August. 
They have just emailed again - same email but a screen shot of the email to me in which it says sent at 5:58pm on the 7th. But they have not shown any proof that it was sent to the court on time yet. 

This post Today at 1:46PM <<< LINK states 3.58 whereas you are now saying 5.58 pm above - which is correct please?  Was it perhaps 15.58?

Were_Doomed

barnstormerdog said:

Were_Doomed said:

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?)

The court didnt confirm what mechanism but I assume email only because the hard copy I received didnt arrive until 20th August. 
They have just emailed again - same email but a screen shot of the email to me in which it says sent at 5:58pm on the 7th. But they have not shown any proof that it was sent to the court on time yet. 

Typo and you meant 3.58pm? Edit: SNAP! 😁

Another thing ... they may have emailed to you but posted to the court (on the 7th), and then posted to you later. (Although that would be unusual ... they may have posted to both parties on the 7th but yours got held up for some reason).

Coupon-mad

The sent time on their attachment today says 3:58pm, so they actually sent it at 3:58

What on earth makes you think that?  I think the opposite.  Think about what appears to have been done.

Fruitcake

The scammers are IPC members.

Their WS states, " At the time of the contravention, The Claimant was a member of the International Parking Community."

The contract from 2014 states at x, "the company agrees to Appendix 2 (Kingsand Central Car Park Operating Policy)" and agrees to comply with all the terms, statements and conditions contained within."

This policy states that, 

"At all times Premier Parking Solutions must be members of the British Parking Association and comply with the AOS Code of Practice."

Oops.

PPS have breached their contract by not complying with appendix 2, despite stating that they agree to do so.

barnstormerdog

Le_Kirk said:

barnstormerdog said:

Were_Doomed said:

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?)

The court didnt confirm what mechanism but I assume email only because the hard copy I received didnt arrive until 20th August. 
They have just emailed again - same email but a screen shot of the email to me in which it says sent at 5:58pm on the 7th. But they have not shown any proof that it was sent to the court on time yet. 

This post Today at 1:46PM <<< LINK states 3.58 whereas you are now saying 5.58 pm above - which is correct please?  Was it perhaps 15.58?

Yes sorry all, 15:58 ! Didn't mean to add more confusion. 

barnstormerdog

Should I reply to their email and say that I am making the accusation that it was late as the court had told me they received it on the 11th with the quote from the court? And ask for proof of when it was sent to the court?

barnstormerdog

Fruitcake said:

The scammers are IPC members.

Their WS states, " At the time of the contravention, The Claimant was a member of the International Parking Community."

The contract from 2014 states at x, "the company agrees to Appendix 2 (Kingsand Central Car Park Operating Policy)" and agrees to comply with all the terms, statements and conditions contained within."

This policy states that, 

"At all times Premier Parking Solutions must be members of the British Parking Association and comply with the AOS Code of Practice."

Oops.

PPS have breached their contract by not complying with appendix 2, despite stating that they agree to do so.

Thanks @Fruitcake, should that be the first things I say on Friday morning? If they have broken the agreement then they cannot proceed with the claim. 

Fruitcake

Be careful. Either you want the WS and exhibits thrown out for being late, or you want to use them so you can show that the scammers breached their contract,

Were_Doomed

You do both ... you argue that their WS/evidence was served late thus should be disregarded. Hence their claim fails as they have no evidence and their witness is not in attendance. If the judge allows their WS/evidence then you start to pick it apart.

In other words - prepare for both eventualities. Fail to prepare, prepare to fail.