I woke up, early as usual. Ablutions, then donned a fresh pair of pyjamas for today.
I continued with my work on a 2nd Judicial Review that I’m planning to apply for (in respect of a 2nd ChB claim, pertaining to a different period to the 1st ChB Claim/JR).
However, at lunchtime the postman pushed a large envelope through my letterbox, it only just squeezed through! It was a large brown envelope, that had split as it progressed through the Mail system, and Royal Mail had then encased it in a clear plastic bag which bears the words: “Our sincere apologies……”
I opened it up, and discovered that the large brown envelope contained sealed copies of my claim for a Judicial Review (ChB 1st claim).
There were approx 200 sheets of A4 paper in one brown envelope, which clearly wasn’t suitable for the rigours of the postal delivery system.
It has been sent ordinary 1st class. The 3 x sealed copies accompanied a cover letter which was dated the 6th of November 2017. Assuming it was posted on the 6th of November 2017, it took 3 days to reach me.
Yet, according to the online instructions/guidance on how to serve a sealed copy of a claim, it’s “served” two working days after sending an item via 1st class!
The letter stated that I must serve the Defendent (Upper Tribunal) and Interested Parties (HMRC) & (My ex) within 7 days of the date of the letter.
Well, as the letter is dated the 6th of November 2017, and it’s taken 3 days to get to me (which is quicker than a lot of letters that HMCTS Birmingham send me), that means that they must be served by the 13th November 2017.
To consider the 3 x sealed copies as served, I can send them 1st class, and they’ll be treated as served after two working days. [There are other methods of serving, but realistically, I have to send via Royal mail]. To get them served within the 7 day limit, it means I must post them today, so that they will be considered served on 13th November 2017.
So I had to change out of my pyjamas, and don more suitable attire for this urgent, unplanned trip to the post office. After addressing 3 x envelopes/packages for the Defendant and Interested Parties, and sealing them far more securely than the RC of J do, I headed out…..
I think it’s ridiculous that an item can be served via ordinary post, without any proof. So just to be on the safe side, I obtained a Certificate of Posting at the Post Office, for each sealed claim I was serving.
I then went straight back home, and gladly changed back into my pyjamas.
I then noticed that a Certificate Of Service must be lodged with the Court (RC of J), also within the 7 day deadline.
Damn. This means I’ve got to go out again!
So after I’d printed off 3 x copies of the Certificate of Service, I completed each one, and attached a photocopy of each Certificate of Posting that I’d obtained when I’d earlier served the 3 x sealed claims.
I changed out of my pyjamas again, and headed off to the post office once more. I sent each completed Certificate of Service in a different envelope to the Royal Courts of Justice, this time via 1st Class Signed For service. Then I headed back home, and straight back into my pyjamas.
If I hadn’t been at home when the package from the Royal Courts of Justice came at lunchtime today, I wouldn’t have been able to get these 3 x sealed claims served within the deadline! Why is it a 7 day deadline?