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Help! DEFENCE due

1568101114

Comments

  • Nosy
    Nosy Posts: 191 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Have you checked your Junk mail? I found the claimant's WS in my junk. 
  • Double checked my emails / post this morning including junk and nothing received. Rang the county court who also said they haven't had anything through as of yet. It seems odd that the CO deadline for 4pm 14 days before the hearing is flexible. Surely if I hadn't submitted my WS but they had, there would be ramifications felt at my side. Do I write an email to have the claim struck out on Monday? Or maybe that their evidence be excluded from the hearing? It feels unjust that the claimant should have 14 days to review my WS while I do not have theirs.

    Post sounds a bit moany but I'm just thinking out loud with what I can do next and why
  • Le_Kirk
    Le_Kirk Posts: 25,069 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You are right in your thought that more tolerance/leeway is given to claimants than defendants - it has been reported on here before.
  • It isnt flexible, more the court may have a pile of unpreocessed paperwork sitting there right now. 
    I would file with the court notice that the claimant is in breach of the court order of Y date from Z judge as they hjave failed to serve you a copy of the documents they intend to rely on in court by A date, and they have not asked for relief from sanction. You ask that the court applies an appropriate sanction. 
  • It isnt flexible, more the court may have a pile of unpreocessed paperwork sitting there right now. 
    I would file with the court notice that the claimant is in breach of the court order of Y date from Z judge as they hjave failed to serve you a copy of the documents they intend to rely on in court by A date, and they have not asked for relief from sanction. You ask that the court applies an appropriate sanction. 
    I'll draft an email. I'm assuming I send this to the same email address that I sent the WS (civil.xxx.countycourt etc)? 
  • Yes, and to the judge named on your order as "FAO"
    You should also send a copy to the claimant
  • I received their WS through the post just now. I will upload some images for review soon. Is it still worth notifying the court that they didn't meet the deadline imposed? 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    I reckon the court wont care about 1 day
    You would have to explain how it hurt you

    DO NOT redact anything other tnan YOUR data. NOTHING else. The contract is always great to see
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would mention it at the hearing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BaftyCrastard
    BaftyCrastard Posts: 56 Forumite
    10 Posts Name Dropper
    edited 18 February 2021 at 12:52PM
    The Claimant's Supplementary WS arrived today. I've put the WS and SWS together in a pdf. I've also circled in red on some exhibits where the Claimant has lied and that signage did not exist at the time. The images the claimant has included were captured post-May 2019 (alleged incident took place 07/09/2018) and Google Street View confirms this. https://www.dropbox.com/s/t7b54nyd2ccl83c/Claimant WS & Supplementary WS.pdf?dl=0
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