bw legal/excel clain form recieved

keepswimming

I will re read the Newbies thread, thank you.

keepswimming

hi everyone, so I m up to the stage now of receiving a letter from the courts saying they have my defence and that its going to claimants solicitors, also says they have 28 days upon receipt to contact the court or the claim will be stayed.

question 1. how long can the case be stayed, 1 month? 1 year? does it end? and how many times can it be stayed?

next I have a letter from BW legal saying
* they note I ve said I wasn't driving
*client doesn't follow POFA
*Pcn had instructions as to what to o if I wasn't the driver ( I still have the original pcn sent in the post over 5 + years ago, and had to read it 3 times to find the one short sentence with reference to it )
*they ref Elliot v loake again
*they interestingly tell me I have until xx/xx/2017 to submit my admission or defence.
*they also look forward to hearing from me

question 2 - should I reply to this letter and any suggestions.

thank you.

Coupon-mad

how long can the case be stayed, 1 month? 1 year? does it end?

I believe if no hearing fee is paid in time, it is initially stayed for a further 30(?) days in case the Claimant pays the hearing fee late, to unlock the case and proceed. After that you can ask for it to be struck out - but usually BW Legal do proceed.

Sounds like the letter is another mess up by BW Legal. Load of rubbish, reply and say you have already submitted your defence and will see them in court, since there is no obligation on motorists to respond to private parking letters which bear all the hallmarks of a scam and do not even use the right wording for keepers to be liable.

keepswimming

hi everyone, just a quick update and a quick question, I have received a letter saying our client intends to continue with the claim. So from what I've read the next step is DQ and reading the newbies thread I have an idea of what to put, how long do you get to return the DQ? as work sometimes takes me away for a week here and there and I would hate to miss any deadlines.
thanks for all the help so far.

Quentin

keepswimming wrote: »

..... how long do you get to return the DQ?......

You normally get a month from the date the court send it out

keepswimming

hi forum, well as expected I have received the DQ form from the courts, so I would just like to ask a couple of questions on this point first, but also I have received a response to my part 18 request which I also need help with.

but first the DQ, is this the correct response;

A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

B = fill in all the details, name, address, etc

C1 = YES to small claims track

D1 = name of your local County Court

D2 = NO to expert evidence

D3 = 1 witness (that’s me)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter

Coupon-mad

This is already covered in bargepole's post under 'Small Claim?' in the NEWBIES FAQS thread.

As you can imagine we can't answer this every time, individually, for everyone with a claim, so the answers are already in the sticky thread.

keepswimming

sorry Coupon-mad you are right, I will try to research more, and thank you for the help to this point

keepswimming

I have information if it helps any one about the part 18 request I sent to BW legal, they have sent a reply, all be it a month after I gave them 2 weeks to reply and now after I have submitted my defence stating they hadn't sent it. they have gone on answer each point (the short version)

1. Is EXCEL Parking Services Limited making a claim as an agent of the landowner or is EXCEL Parking Services Limited making the claim as occupier in its own right?
Reply; they are the landholder contracted by landowner

2. Is the action founded on a contractual charge, a breach of a contract or trespass?
Reply; they state outstanding PCN for vehicle I m responsible being parked (there is no evidence it was parked only APNR in and out)

3. I will put Excel to strict proof as the the identity of the driver, at the hearing, since this pre-dates the law for 'keeper liability' (POFA 2012). Since Elliott v Loake is inapplicable and turned on evidence in any case, what evidence does Excel have that proves who was driving that day?
Reply; they say Elliot v Loake relevant and added they will rely on CPS Ltd v AJH Films Ltd (I’ve found a few articles on this but I ve not got anything in my defence about this case, is there a way of adding anything to my case to bring this into question. As far as I can ascertain this was employer being responsible for employee, not car owner responsible for driver)

4. Does Excel assert that the signs displayed at the time met the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)
Reply; they say the signs comply

5. Can Excel confirm that it is able and will produce for the court an unredacted copy of its signed contract with the land-owner along with evidence of the design, positioning and content of the signs?
Reply; they say its privileged info I have no right to.

keepswimming

any feedback on the next move or how to deal with number 3 would be great,
thanks forum.