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Claimant uses a POBox in Claim Form do I have to serve Defence to the PO Box?


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Imagine a Local council issues a claim form using a POBox followed by its real address , it is assumed the postcode is that of the POBox

 

 

 

 

Question .. can the defence be handed it at the Council offices (see below for mythical example , in this case 23 the Big House)

 

or does it have to be posted to the pobox address?

 

 

and IF the answer is that THE DEFENCE MUST BE POSTED to the POBox and say the defence was posted on a Monday -- recorded delivery -- in law what is the day the defence is deemed as served on the Claimant

 

 

eg

 

Mickey Mouse council

Po Box 123

23 The Big House

Lancaster

Mythical Postcode

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Doesn't the defence need to go to the court not the council?

 

 

Yup.

 

 

Read the notes withthe Claim Form...

 

"You must send either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service."

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Ganymede thanks for trying to help but we know the CPR rules quite well

 

the notice was served under CPR part 8 !!

 

 

the notes on the claim form are a generalisation --part 8 CPR claims we assume are only say 1% of all claims &

 

as we said the notice was served under CIVIL PROCEDURE RULES PART 8 ( this stops certain other parts of the CPR rules applying)

 

Councils use CPR PART 8 when they do not expect to be questioned over the "ALLEGED" facts they produce to court - MEANING they expect a walkover

 

( AMONGST OTHER THINGS IF A DEFENCE IS NOT FILED UNDER cpr PART 8 -- THE CLAIMANT CANNOT OBTAIN SUMMARY JUDGEMENT)

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Ganymede thanks for trying to help but we know the CPR rules quite well

 

the notice was served under CPR part 8 !!

 

 

the notes on the claim form are a generalisation --part 8 CPR claims we assume are only say 1% of all claims &

 

as we said the notice was served under CIVIL PROCEDURE RULES PART 8 ( this stops certain other parts of the CPR rules applying)

 

Councils use CPR PART 8 when they do not expect to be questioned over the "ALLEGED" facts they produce to court - MEANING they expect a walkover

 

( AMONGST OTHER THINGS IF A DEFENCE IS NOT FILED UNDER cpr PART 8 -- THE CLAIMANT CANNOT OBTAIN SUMMARY JUDGEMENT)

 

 

 

Do you have another thread going somewhere as you didn't say in your OP it was Part 8.

 

Anyway, if you already know the CPR why not just look at Part 6...

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SORRY gannymede

 

i am sorry about that ----- no i forgot the CPR part 8 bit

 

when i said defence etc .... i mean ...

 

file the allocation questionnnaire (AQ) and defence at court simultaneously {part 8 forces this !!}

 

and serve the defence on the Council

Edited by FANTASY CHARGES

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