Excel Parking / BW Legal Court Paper

Coupon-mad

jollymonkeys wrote: »

Wonderful. Thank you everyone. I'll complete the form, send it away and see what happens next.

Is sending a Section 18 request a good idea?

Not a bad idea as long as there are some things you want clarified (such as, if you've binned the paperwork you could require them to show the NTD and NTK upon which they are relying).

Don't make it too long & detailed. There is a school of thought that too many questions for evidence in a Part 18 request, might actually help the other side - i.e. if you galvanise them into action at this early stage to produce pics of signs and a landowner contract then that can help them line their ducks up better than they would have done.

arthurx1234

Coupon-mad wrote: »

Not a bad idea as long as there are some things you want clarified (such as, if you've binned the paperwork you could require them to show the NTD and NTK upon which they are relying).

Don't make it too long & detailed. There is a school of thought that too many questions for evidence in a Part 18 request, might actually help the other side - i.e. if you galvanise them into action at this early stage to produce pics of signs and a landowner contract then that can help them line their ducks up better than they would have done.

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

18 OR 31.14 Which is best?
An honest question as i have no idea which is best

arthur

System

18 OR 31.14 Which is best?
An honest question as i have no idea which is best

IMHO neither. Use a Subject Access Request instead. Has a sting in the tail - which is not the £10 fee.

Coupon-mad

I've heard you mention SARs in this circumstance before, IamEmanresu. Please explain the sting in the tail?

jollymonkeys

Hi,

I'm not sure a Part 18 request (or alternative) is appropriate as I have kept all the paperwork sent to me.

I've completed the Defence form and sent it off to the Court. Today I also received a letter from BW Legal stating that they "have issued legal proceedings in the form of a County Court Claim which you will shortly receive directly from ....... as you have failed to make repayments on your above account".

So I think my next step is to draft and send off a "Defence Statement" within 28 days. I have a few initial questions if anyone is able to offer any advice. I presume I include the following:

1. My initial response back to Excel upon receiving the first PCN - no keeper liability, excessive fine and lack of visible signage - but having researched legal clauses / arguments from other similar cases.

Should I include anything else? This seems a little light.

Thanks!

Redx

the initial defence just challenges the validity of the court papers and includes bullet point details as to what will be in the full defence later

so at this stage you will be stating the reasons and arguments you will be relying on in your full defence later

ie:- its an outline holding defence, not the full blown thing

putting down your response to the initial pcn is hardly relevant as Excel already have this and know the details already

you are now defending a court claim, not appealing a pcn

jollymonkeys

Hi,

Thanks for your help so far. I've received some communication from the Court which states:

"I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wished to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply for a judge for an order lifting the stay."

I have been away and so have not yet drafted my defence statement (will do so this week). I am a little confused, as I was under the impression that once I send off the defence statement to Northampton they would then send this off to the claimant. Is this correct?

Thanks

Coupon-mad

What? Did you put any words in the defence box when you acknowledged? Hope not.

Yet earlier you said this:

I've completed the Defence form and sent it off to the Court.

What did you do...we only said to acknowledge, leaving the defence box blank. Did you ONLY do that so far?

jollymonkeys

Hi Coupon-mad,

Yes, that's exactly what I did. I left the defence box completely blank. I simply put a tick in the box stating that I was going to defend the claim.

Thanks,

Coupon-mad

So when you use the password to log into MCOL again, does it enable you to lodge your defence? If not then you will have to call the central court tomorrow and tell them they appear to have made a mistake because you haven't submitted your defence yet, only your acknowledgement, and wish to now submit your defence.