Excel Parking / BW Legal Court Paper

jollymonkeys

I haven't used MCOL. I haven't done this online, only via the forms sent through the post. I shall ring the central court in Northampton tomorrow and suggest they've made a mistake.

Thanks for your help.

jollymonkeys

All sorted. Have just submitted my defence statement, so now need to wait to see what happens from here. Thanks again to all for their help.

jollymonkeys

Hi,

Apologies for asking for further advice, but having submitted my defence statement the court has advised that this has been added to my file. However, they are unable to serve a copy on the claimant as they have already been served with my original defence statement (which was blank). They have said the following:

"if you require them to have sight of the additional information you will need to send them a copy.
Please bear in mind that you will have the opportunity to submit any additional information to support your claim if the claim proceeds to a hearing at a local court in the future."


Is it better to send my defence statement to the claimant, or wait and see if it goes to Court and then submit it then?


Thanks as always.

Coupon-mad

You MUST send it to them with a copy of that reply, just with a brief letter saying the court made a mistake with your acknowledgement and now have the defence wording and here is a copy.

I have no idea why the court thought your acknowledgement with a blank defence box was your 'defence'. This is worrying, never happens when people use MCOL; just shows post is the worst method. I am concerned the PPC will kick up a stink about this and try to blame you or object to what they will argue is an 'additional' defence which should normally cost a hapless defendant £155 or something to change (ouch). We know, it's not. But a PPC will try anything.

jollymonkeys

Thanks for your advice again Coupon-mad. Having rung the court again they've now identified that I completed the "Defence and Counterclaim" form and had left the section for the defence statement blank. What I should have done is complete the "Acknowledgement" form, and then submitted my defence statement later. The process is a touch confusing, but it's done now.

In any case, I shall send off a copy of my defence statement, along with the email I've received from the court, to the claimant. Is it OK to do this via email, stating that this is my defence wording?

With any luck this should prevent from pursuing the matter.

Coupon-mad

What I should have done is complete the "Acknowledgement" form, and then submitted my defence statement later. The process is a touch confusing, but it's done now.

Well...until the PPC object.

With any luck this should prevent from pursuing the matter.

Unlikely.

But it starts the ball rolling as long as the court allow that 'second version' defence and don't bend to the protests of the claimant who will probably object, refuse your 'new' defence and pretend they thought the blank box was your defence.

Never do these things by post, using piles of confusing forms. This should have been done online and this would never have happened.

jollymonkeys

Hi Coupon-Mad,

Never do these things by post, using piles of confusing forms. This should have been done online and this would never have happened.

OK - lesson learnt! And will hopefully be of help to others.

You mentioned a charge for changing a defence earlier - is this enforceable?

And should the court not allow the 'second version' defence and bend to the protests of the claimant, would I not just be able to submit my defence statement as additional information if this does go to court, as per the statement in the court response?:

"if you require them to have sight of the additional information you will need to send them a copy.
Please bear in mind that you will have the opportunity to submit any additional information to support your claim if the claim proceeds to a hearing at a local court in the future."

Thanks

Coupon-mad

You mentioned a charge for changing a defence earlier - is this enforceable?

Yes if the Court agree with any objection raised by Excel and decide to charge you - it's a court charge. Maybe you will be lucky because you met this head on and spoke to the court straight away. You will have to wait and see.

And no, if Excel object and the court decide you'd have to pay 3 figure fee to amend your blank defence, then you cannot add to it later because it was blank, there are no bricks to build on. Defences must have the basic points at the outset, then later you get to submit further info 'to support your defence'. You can see that a blank defence can't be supported.

Let's hope the court do not get swayed if Excel & BW Legal play games now.

jollymonkeys

Hi Coupon-Mad,

Thanks for taking the time to explain. I'll get straight to emailing BW legal with my defence statement.

Thanks again

jollymonkeys

Hi,

So a little time has passed, and over the weekend I received a letter from BW Legal stating that they intended to pursue the claim through the courts.

I've also received a "Notice of Proposed Allocation to the Small Claims Track" from the County Court Business Centre. I have been instructed to complete the "Small Claims Directions Questionnaire (Form N180)" by a certain date and will do so.

The first section relates to Settlement/Mediation. It asks whether I agree to this case being referred to the Small Claims Mediation Service. I recall reading some advice on here that I should say yes at it shows a willingness to co-operate. Would people advise requesting mediation?

Other than that, is it now a case of letting things play out and presenting my defence to the court to persuade them to dismiss BW Legal's claim?