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Set-Aside Hearing Tomorrow....need help!

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  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
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    @Grizebeck, so you're saying late is late and no delving required?
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
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    CPR Part 6 Service of Documents, (1) A claim form may  be served by any of the following methods... 6.3 b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

    So, it must be sent first class. Assuming it was, then it was sent after the 2nd for it to be received on the 5th.
  • Grizebeck
    Grizebeck Posts: 2,779 Forumite
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    @Grizebeck, so you're saying late is late and no delving required?
    Its on the small claims track so isnt worth the hassle as a judge wont be interested
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • B789
    B789 Posts: 3,441 Forumite
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    Royal Mail doesn't guarantee next-day delivery for 1st class. RM advises customers to allow up to two working days for First Class delivery. Anyway, as advised, there is nothing you can do about it but if you're wanting to expend energy on the matter, complain to RM after you ask whoever sent you the documents for evidence of the date they sent it. It's not going to affect your case.
  • Coupon-mad
    Coupon-mad Posts: 132,729 Forumite
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    But it is worth a mention that this piece of post was handled by 'the Delivery Group'. They are a mail 'consolidator' middle-man.  They delay mail, inevitably.

    We've discussed them before in reference to NCP and the Delivery Group's t&cs were interesting.  Seem to recall it says they only put things into the Royal Mail system 2 or 3 working days later.

    Wonder if a SAR to The Delivery Group with a photo of the letter (refs, headers and QR and all other codes showing) plus a photo of the envelope would see them able to tell you:

    - on what date was your data passed to them

    - what date did they then pass it to Royal Mail

    - what service (1st or 2nd class) was used and was that dictated by their arrangement with the parking firm?


    Now that last question isn't really within the scope of a SAR but must be dead easy for any mail consolidator to answer, so I would chuck it in. 

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  • Grizebeck
    Grizebeck Posts: 2,779 Forumite
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    edited 10 May 2023 at 8:07AM
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    Johnersh said:
    @B789 has it. Arguably this was sent via an intermediary not via one of the cpr approved methods of service, so there is no deemed date of service at all.

    That shouldn't be the sole argument anyone has to hand, simply because (as has also been noted) the DJ may not be interested at all, given that it has been received. 
    Spot on the way
    The way people should view the small claims track vs multi track etc


    Small claims is like football at school where depending on whos in charge can change the rules and the size of the goalposts....

    Multi/fast track is like championship football where the rules are set in stone

    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • B789
    B789 Posts: 3,441 Forumite
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    edited 10 May 2023 at 10:34AM
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    As an aside... Does the "B" in CCBC stand for "Business" or "Bulk"?

    I found these 2 pages which may be of interest to anyone who would like to know a bit more about the CCBC:

    http://www.civilprocedurerules.co.uk/ccbc_rules.htm
    http://www.civilprocedurerules.co.uk/faq2.htm

    An interesting flowchart of the process:

    http://www.civilprocedurerules.co.uk/f1cpc.htm

    The CCBC, in their Code of Practice state:

    6.7  The CPC shall effect service of all valid claims on the defendant by first class post within 2 working days of the date of issue of the claim.  The claim will be deemed served on the defendant on the fifth day after issue, regardless of whether that is a Saturday or Sunday.

    Having inspected the website a bit closer, I am not sure how up to date the info it. According to the website copyright, it hasn't been updated since 2010. I suppose a give away is all the references to "magnetic media" and 3.5" discs.  :o
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