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Court Claim. BW Legal on behalf of Excel Parking PLEASE HELP

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Comments

  • They have issued proceedings. I've received the claim form from Northampton county court. Which is why I'm not sure I want to risk defending it, as if I loose the amount they're claiming will probably increase with further costs on top.
  • Herzlos
    Herzlos Posts: 15,924 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    IF you lose, and don't pay. BW are totally incompetent, so you shouldn't lose.
    Smeilly wrote: »
    And if I don't pay I run the risk of getting a ccj for a higher amount and risk losing my job. This is why I'm not wanting to take a chance.

    I can't see how this would lose you your job, you stand approximately 0% chance of getting a CCJ, or having to pay much more than £100. Most likely you'll pay nothing.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Some jobs are conditional on having a clean credit record, so I could understand the poster's concerns if he/she has such a job. That said, the ONLY way you can get a CCJ is:

    1. IF you are taken to court, AND
    2. IF you lose the case (or don't defend and get a default judgment), AND
    3. IF you don't pay the judgment in the proscribed time scale

    Since you're aware of a pending case (1 has happened) then a default judgment (2) is highly unlikely. So the only way you'd get a CCJ is if both 2 AND 3 happen - and you'd really not pay a judgment?
  • Umkomaas
    Umkomaas Posts: 43,460 Forumite
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    In other words, if you lose your job it will not be the unsatisfied CCJ causing that, it will be the cause of the unsatisfied CCJ causing that!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,465 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Smeilly wrote: »
    I'm in the same boat. I was thinking of just ringing bw legal and offering to pay a full and final settlement of £100. I'm not sure I want to chance defending it and then getting more costs lumped on top. I think it's scandalous they can charge this amount but reading all the different threads on here it's mind boggling. Hope your successful in defending it though x


    Start your own thread on here and/or pepipoo.com and you will then get bespoke help.
    Start by reading the court guide in post 1 of the Sticky thread for NEWBIES. You can also buy a very good guide to court for a few quid from The Parking-Prankster's website.

    People here will help you, but you have to be willing to let them instead of giving in to BW's scare tactics.
    I married my cousin. I had to...
    I don't have a sister. :D
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  • yotmon
    yotmon Posts: 485 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Smeilly wrote: »
    I was thinking of just ringing bw legal and offering to pay a full and final settlement of £100. I'm not sure I want to chance defending it and then getting more costs lumped on top.

    What was the point of joining a 'money saving forum' just to post the above statement. If you have made up your mind to pay it - then do so, it's no skin off mine or anyone else's nose on here ! Unlike thousands of posters, you have made no attempt to gain advice from members who are very knowledgeable of the parking laws, only to create fear in the minds of fellow newbies. If I didn't know better, I would be pointing the 'ppc scammer/troll' finger of shame in your direction.
    Please come back to prove me wrong......
  • Coupon-mad
    Coupon-mad Posts: 152,947 Forumite
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    Smeilly wrote: »
    They have issued proceedings. I've received the claim form from Northampton county court. Which is why I'm not sure I want to risk defending it, as if I loose the amount they're claiming will probably increase with further costs on top.

    Start a thread of your own, telling us what makes you think you will just 'get' a CCJ and that they can add more costs on top?

    Or preferably, do what everyone else with a BW Legal lclaim does and read other threads and acknowledge and defend it. You don't even have to go to Northampton you know...

    If you are a PPC or their ilk, trying to spread fear and lies, then please go away!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • T24646 wrote: »
    The letters have been coming to my Fathers address for me. I have moved out of my fathers address a year ago from when the first letters started being posted there (My move was informal as I lived with a friend). .

    Getting the thread back on track ...

    As you have completed the AOS already I would suggest that in both the defence statement and separately you contact the court and Claimant/Sols with your current address so you have this to hand.

    And post up your draft defence ..
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