Okay, so I can see it does say 3 days, but that seems to be for adjournment and if they have a valid reason for the delay , which I dont see they can, below is the extract from the 'Practice Direction no. 2 o'
Service of evidence generally
3. The Chief Adjudicator has directed that authorities must serve their evidence no laterthan five days before the first scheduled date of hearing of the appeal.
4. The five days take into account weekends and Bank holidays.
5. Service means the evidence pack reaching the appellant. Where evidence is served by post, the deemed service date is the second day after it was posted provided that day is
a working day; or if not, the next working day after that day.
6. The adjudicator must ensure a fair hearing. If the service date is not met, the adjudicator
may consider that this has prevented a fair hearing and allow the appeal accordingly. Where there are genuine reasons causing a delay to service, the authority may apply for an adjournment to give effect to the three clear days.
7. Service by email should be indicated in the case summary or the evidence checklist.
8. While some appellants are able to access the authority’s evidence via London Tribunal’s appellant portal, the obligation to serve evidence is not replaced.
Would the email override postal, even if postal hasnt arrived, as technically its in my inbox, while it is still short of 5 days on both fronts, postal and email.
Silly question, but would I go into adjudication and say the following (AI reworded)
"I'd like to highlight Practice Direction No. 2 of 2025, which states that parties should have 5 days. I haven't been given sufficient time, particularly with work and family commitments, to properly review the claimant's response. If you still believe the case should proceed today, I'll leave it to you to consider my defence alongside their submissions.
While I've raised several points in my defence, the key point I stand by is that this was a genuine mistake.
The claimant argues that I had three opportunities (I assume within the app) to check the parking code. However, if I believed I'd entered the correct code the first time—especially as the incorrect code was very similar to the correct one—then I would naturally have assumed the subsequent confirmations were also correct."
Just very frustrating, they can get away with all this in most cases, by their argument above that one would see the code x number of times, one can never have a minor keying error ever.