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VCS/BW Legal - writing defence

145791035

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  • Lamilad
    Lamilad Posts: 1,412
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    ah man :(


    My understanding is that I will get some paperwork from the Court next and I can request it is switched to a nearby court, is that correct.


    really really dont want to have to go to a hearing!!

    You'll receive the directions questionnaire (DQ) soon. MCOL will update when this is sent out. This is where you state that you want the case to be heard in your local court. You must make sure the DQ is returned to the court and served on the claimant before the deadline.
  • MadHatter752
    MadHatter752 Posts: 185 Forumite
    Got the DQ today... woohoo :j not!

    I am thinking of postponing sending it back for a week or so as i want any hearing to be once I have more time to prepare everything! Obviously it will be back before the required date though. Do I send a copy to VCS AND BW Legal? The claimant is listed as VCS with no mention of BW Legal?

    Should I be keeping a note of the cost of posting these copies? :cool:
  • Lamilad
    Lamilad Posts: 1,412
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    Got the DQ today... woohoo :j not!

    I am thinking of postponing sending it back for a week or so as i want any hearing to be once I have more time to prepare everything! Obviously it will be back before the required date though.
    Delaying your DQ won't make any difference, your several weeks, possibly months away from a hearing yet.
    Do I send a copy to VCS AND BW Legal? The claimant is listed as VCS with no mention of BW Legal?
    you need to serve a copy on BWL. Don't waste a stamp, scan and email it to
    Disputeresolution@bwlegal.co.uk
    Should I be keeping a note of the cost of posting these copies? :cool:
    No, but get a receipt as proof of posting - free with 1st class post.
  • I received the copy of the DQ from Bw Legal today... under witnesses to be used they stated TBC... are they allowed to do that?
  • Lamilad
    Lamilad Posts: 1,412
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    I received the copy of the DQ from Bw Legal today... under witnesses to be used they stated TBC... are they allowed to do that?

    They always put that. It's not right but they'll get away with it. Highly unlikely they'll involve any other witnesses but if they did you could argue that they should have stated this at DQ stage.
  • Thanks

    They have also said yes to mitigation... do they always do that do you know? I have said no.
  • Lamilad
    Lamilad Posts: 1,412
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    Thanks

    They have also said yes to mitigation... do they always do that do you know?
    If you mean 'mediation' then, yes, always
    I have said no.
    Correct! You intend to pay them nothing so what is there to 'mediate'?
  • Yes I did mean mediation :-) I thought it didn't sound right but didn't have the form with me!!:rotfl:
  • beamerguy
    beamerguy Posts: 17,587
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    Yes I did mean mediation :-) I thought it didn't sound right but didn't have the form with me!!:rotfl:

    It would appear that those in the mediation service are clueless to the parking scam. Their job is to avoid court if they can.
    For BWLegal it saves them money but read between the lines, if BWLegal were confident of a win, they would want to go to court.
    BWLegal are aware of the lack of knowledge of the mediation service and are exploiting them for an artificial win in their favour.

    Every parking case must be heard in front of a judge and as we are now seeing, the judges do not take too kindly to BWLegal

    NO TO MEDIATION
  • So I've spent a few hours tonight looking through threads/posts with Witness Statements on and finding photos/transcripts etc... a couple of questions to start me off if I may....

    1) I only replied to correspondence from BW legal when I was issued with a Letter of Claim... do I mention this in the WS? The fact that any previous letters were ignored features in the transcript for EXCEL PARKING SERVICES LIMITED-v MR IAN LAMOUREUX.

    I didnt appeal the PCN directly or to POPLA as ignorance would have it

    2)Because of the above... I have no idea what they are basing their claim on i.e. whether they are using POFA 2012 which I feel is something major in my defence as it hasn't been mentioned in any correspondence between us. When will I find out what they are basing their case on? Do I have to wait for their WS, which they could submit late, therefore meaning that I would have to submit mine without seeing theirs? I just don't really feel like I have much to go off at the moment in terms of writing my WS.

    3) How do I relate my WS to my defence? Do i use the defence I submitted as a basis for mentioning points in my WS?

    Thanks guys! Looking forward to receiving your help as ever. Reading through other threads highlights even more what a good job you all do.
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