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Claim on the Crown incorrectly served

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Re: Claim on the Crown incorrectly served

Postby south1 » Mon Oct 09, 2017 2:41 pm

In the Notice of Issue which was sent to me by the County Court Money Claims Centre along with my claim form it is stated that I have to serve the defendant within 4 months of the date of issue. However it is not stated that I have to serve the claim form on the representative of the defendant. Hence I would like to know if I can use this as evidence to get permission from the court to serve my claim on the representative of the defendant after the four months deadline because I have followed the instructions which were stated in the Notice of Issue when I served the claim on the defendant and not on its representative
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Re: Claim on the Crown incorrectly served

Postby atticus » Mon Oct 09, 2017 3:52 pm

Why did you not attempt service at the beginning of the four month period? Delays at that stage come back to haunt you if you then get it wrong.
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Re: Claim on the Crown incorrectly served

Postby south1 » Mon Oct 09, 2017 4:03 pm

I was not able to serve my claim earlier because I had to write my Particulars of Claim which is a long document
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Re: Claim on the Crown incorrectly served

Postby atticus » Mon Oct 09, 2017 4:37 pm

Hmmmmmm....
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Re: Claim on the Crown incorrectly served

Postby blig » Mon Oct 09, 2017 7:39 pm

There appears to be a bee in atticus's office.

However for south1, there doesn't seem to be any hope at all in trying to bring proceedings. south1 would need to make an application under CPR 7.6 which would need to show

(3) (b) the claimant (south1) has taken all reasonable steps to comply with rule 7.5 but has been unable to do so
(3) (c) the claimant has acted promptly in making the application.

and the application

(4)(a) must be supported by evidence
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Re: Claim on the Crown incorrectly served

Postby south1 » Mon Oct 09, 2017 9:30 pm

The claim forms were sent back to me by the court so that I served them myself because I asked this in my claim form. However if I would not have asked this the court would have served the claim forms itself.

Therefore there is another issue which puzzles me which that in the claim form it is asked the address the defendant but not the address of its representative so the issue is how the staff of the court when they received my claim form would have known to which address to send the claim form to the defendant's representative if I would not have asked that the claim form are sent back to me so that I served them myself? Unless there is something that we have not understood in this story
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Re: Claim on the Crown incorrectly served

Postby atticus » Mon Oct 09, 2017 9:50 pm

It was the moth of scepticism that fluttered by.
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Re: Claim on the Crown incorrectly served

Postby south1 » Mon Oct 09, 2017 10:55 pm

In the bottom of the first page of the N1 form it is stated

“Defendant's
name and
address for
service including
postcode”


i.e. the defendant ‘s name and not the name of the representative of the defendant. Obviously if it is the name of the defendant which is asked it is also its address which is asked and not this of its representative

Moreover in the second page of the N1 form it is stated

“Claimant or claimaint’s legaI representative's
address to which documents or payments
should be sent if different from overleaf including
(if appropriate) details of DX, fax or e-mail”


We notice this time that it is made reference to the address of the representative

In this condition I think that if the court would have served the claim form instead of me it would have sent it to the address of the defendant and not to this of its representative and the defendant would have passed it to its representative as usually we do. This is a mystery if we consider that CPR 6.10 says that the claim form should be served on the defendant’s representative and not on the defendant itself.
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Re: Claim on the Crown incorrectly served

Postby atticus » Tue Oct 10, 2017 6:08 am

We may observe that it is the responsibility of the claimant to ensure that the provisions of the CPR in respect of address for service when she completes those parts of the form.
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Re: Claim on the Crown incorrectly served

Postby south1 » Tue Oct 10, 2017 10:48 am

However the address for service which is asked in the bottom of the first page of the Claim Form N1 is the address of the defendant and not of its representative because it is asked for the name of the defendant and for the address for service and the defendant is at a different address that the address of its representative because the address of the defendant is

Ministry of Justice
102 Petty France
London SWl H 9AJ


And the address of its representative is

Government Legal Department
One Kemble Street
London
WC2B 4TS


Therefore I have complied with the law by putting in the claim form as address for service the address of the defendant and not of its representative
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