Road defect in county court

[Baron von Lotsov]

I shall sort out the post box issue after my case has been dealt with. I'll do that via my MP, when we have one.

With the Inland Revenue I just used the tracking service of the post office. I sent an important letter to them and never got a reply, but then phoned them up and got a helpful woman on the phone who checked the computer records and told me they had record of receipt and it had been passed up the line. The thing was, later on this letter turned out to be crucial because the Inland Revenue did not have a case so they were trying their best to get the judge to kick it out, but because I had sent the letter then my job had been done and the ball had been left sitting in their court, hence both judges, because there were two cases, both accepted my side just telling them what had happened. Of course the thing is that if I had told the judge a lie the Inland Revenue would have said something! So it goes to show you that in practice these proofs are not always needed. Generally speaking, if your story fits together without contradiction then the judge will be happy and no further proof is needed.



So my advice is do not panic. Judges are reasonable human beings so if you take reasonable steps you'll be fine. What you will need to work on is the case itself. What you effectively need to do is translate the events as they happened into a legal argument, so you need to bridge the gap between facts and the law. One of the best ways I have found to do this is read a load of case law on the subject and you'll see how the pros do it and then just copy that style and way of proceeding. You might find it a little odd, but its reassuring to know the law is actually pure logic. Don't argue the case as if it were a campaign issue of politicians. Emotional arguments mean zero.

[johnofgwent]

I shall sort out the post box issue after my case has been dealt with. I'll do that via my MP, when we have one.



I have this attitude to deal with:

https://www.herefordtimes.com/news/16284962.herefordshire-council-target-is-not-to-pay-a-single-penny-for-pothole-damage/">Herefordshire Council target is not to pay a single penny for pothole damage

Having read that article, and run a company reliant upon plain English in its contracts for some 15 to 20 years, I have to ask does the author of that article count English as their first language because not a word of the second to last paragraphs actually defend the first...

[Barry]

I shall sort out the post box issue after my case has been dealt with. I'll do that via my MP, when we have one.



I have this attitude to deal with:

https://www.herefordtimes.com/news/16284962.herefordshire-council-target-is-not-to-pay-a-single-penny-for-pothole-damage/">Herefordshire Council target is not to pay a single penny for pothole damage

[johnofgwent]

And this is why, when I counter sued the town co6ncil borough treasurer, I took a photographer from the local newspaper with me to the main post office where I sent the case papers to the court by first class recorded delivery with advice of receipt paid for.



The advice of receipt never arrived.



The papers did, the guy running the courtroom actually cracked a smile when I started its pleasing to hear your admission you received my paperwork ....



I crucified the county treasurer by the way, it was two years before they tried to collect another penny in poll tax / council tax from me ...

[Churchill]

 You can always take the Court to Court if someone has, and the Security Guards

[Barry]

I was not criticising , I agree there should have been at least a member of staff to talk to, perhaps its different in a County Court to a Criminal Court which usually have at least a Liaison or Listing Officer

I had the feeling I was speaking to the clerk in the same building, who would not come and take the envelope from me in the foyer. Although I had taken the trouble to hand deliver it for so called security, which was then thwarted by having to place it in their publicly accessible post box.

I hope no one stuck a firework in it last night.  

[Churchill]

I don't really blame them. The court is open from 9am to 4pm but I couldn't deliver an envelope securely whilst they were open. That was what I found so stupid.

I was not criticising , I agree there should have been at least a member of staff to talk to, perhaps its different in a County Court to a Criminal Court which usually have at least a Liaison or Listing Officer

[papasmurf]

I don't really blame them. The court is open from 9am to 4pm but I couldn't deliver an envelope securely whilst they were open. That was what I found so stupid.

I am seriously puzzled by that. Usually it is possible to deliver paperwork by hand directly to the clerks office and also to pay fines.

[Barry]

Court Security Officers are often not in house usually supplied by outside companies with set Duties

I don't really blame them. The court is open from 9am to 4pm but I couldn't deliver an envelope securely whilst they were open. That was what I found so stupid.

[Churchill]

Court Security Officers are often not inhouse usually supplied by outside companies with set Duties

[Nalaar]

idk, that all seemed perfectly reasonable to me, from the side of the security and the clerk.

[Baron von Lotsov]

That's awful service. The general way to do it is to say to security on the door I wish to see the clerk. The clerk is the one you hand the documents to, and they are smart people and legally trained. It's odd you meet such a rotten good-for-nothing muppet. Every time I've ever had to deal with a clerk they have been the most polite and intelligent of people who are warm and friendly, especially knowing that a lot of people in courts who are not used to them have a bit of a panic attack. When I went to the same court you have been to but in Bristol it was tipping it down with rain and I looked like I had jumped in the river, it was so heavy. The clerk was as cool as you could imagine, and let me dry off and warm up in a nice comfy seat. It felt like it was civilised.

[Barry]

I mentioned it on the old forum: July 2018 hit a defect in the road surface and tried to claim from Hereford council. They refused to pay up.



Today, I wanted to deliver my papers for my pothole case to the local county court. I decided to deliver them in person, as that way, I would know they had arrived. I've never been to this court building before, but the small foyer had a little desk, a security arch, and 2 muppets looking after the entry.

I explained that I had an envelope for the county court, but the muppet security man and woman were in no mood to take an A4 envelope off me with 11 pages of printed evidence inside. You might wonder why.

I was directed around the corner to another entrance which had a post box in the doors to post the package. However, above the box was a sign,

"THE COURTS CAN TAKE NO RESPONSIBILITY FOR ITEMS PLACED IN THIS POST BOX".

So I went back in and explained to the muppets-are-us security that was not good enough as what I was doing needed to equate to serving documents.

They said I could speak to a person and gave me a phone and I spoke to a clerk in the court office.

I explained what the problem was and asked that someone come and take the package off me in the foyer.

NO! was the answer. I was told to put the letter in the box as they don't have a document receiving desk.  :!:



I asked if she took responsibility once a put the envelope in the box. She answered like a politician and said "The box is a secure box and only official court staff have access to that post box".

I said "So you DO take responsibility for it, then".

NO! "Not as such, but you can call in the morning after we empty the box at 10 a.m. to check we have your paperwork."



I then posted my package. It was about 12:30 pm and I have no idea why they were going to leave that envelope in a letterbox overnight, knowing I had just left it there. The court was supposedly open until 4pm.

I am paying for this dismal so called service.  :thdwn: