Legal action is being taken against Alex Nash, a 5-year-old British boy after failing to show up to his friend’s birthday party. Alex’s father, Derek, said that he originally intended to let Alex go to the party, but had to cancel after he realized that the boy was scheduled to spend time with his grandparents. Derek did not tell Julie Lawrence, the mother of the birthday boy, that his son would no longer be attending.
Now, Derek said that Julie sent him an invoice and an invitation to a small claims court, so that Derek can face the legal consequences of not formally canceling his sons R.S.V.P. to a birthday party.
The invoice, which was for a whopping £15.95 is, according to Julie, Derek is being charged a now show fee. She says that because she thought Alex was coming, she paid his fees at the Plymouth Ski and Snowboard Centre.
In response to the invoice/mini lawsuit, the Plymouth Ski and Snowboard Centre has stated that they are in no way involved in this case:
“No invoices are ever sent out from the centre to private individuals. This is a disagreement between two parents involved and the fact that the centre has been named on the invoice is fraudulent…When booking a party there is a small deposit to pay on booking, confirmation of numbers and final balance are due 48 hours before the party…On the extremely rare occasion that people don’t attend, parents are generally offered other activities in compensation.”
Derek says that he couldn’t find Julie’s contact information anywhere on the invitation, while Julie says that Derek was well aware of ways that he could contact her. Derek also claims that he understands why she’s upset, but because of how she asked him for the money (you know, by randomly sending him an invoice and a letter saying she’d see his ass in court) he has no intention to pay her.
Julie’s entire case rides on whether or not the judge will agree with her that a birthday R.S.V.P is a sign that a legally binding contract had been created, which included a term that said a “no show” fee would be charged.
So, unless there was fine print on the birthday invitation, Julie is shit outta luck.