BWlegal vs me in Court in 2 weeks

NIgelP

Hi, going to court in 2 weeks time. Could do with a little advice on a couple of issues that I'm not clear on.

Part of my defense is that the original particulars of claim was incorrectly served. I've worded it as follows. Practise direction 22 sets out who may sign a statement of truth. Para 3.10 states that “A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer”.
This has not been complied with in the particulars of claim which is simply signed BWLegal Service Limited (included in evidence).

Is this sufficient for a magistrate to dismiss the case? If so it will be the first hing I bring up.

Also in their disclosures they are now asking for £168 more than the original particulars of claim they filed. Surely this is illegal and they cannot claim more than the original mount they filed for?

Any help would be appreciated.

waamo

My crystal ball says this is a civil case so there will be a county court judge and not a magistrate.

It also tells me this is about parking? If so you need the parking board found here https://forums.moneysavingexpert.com/forumdisplay.php?f=163

Browntoa

You need to post here

https://forums.moneysavingexpert.com/forumdisplay.php?f=163

After reading the newbies thread at the top of that section

System

Are you sure you're going to a Magistrates Court and not a County Court?

3.4 Where a document is to be verified on behalf of a company or other corporation, subject to paragraph 3.7 below, the statement of truth must be signed by a person holding a senior position4 in the company or corporation. That person must state the office or position held.

debtdebt

That won!!!8217;t be sufficient to get the claim thrown out. You are clutching at straws there.

NIgelP

waamo wrote: »

My crystal ball says this is a civil case so there will be a county court judge and not a magistrate.

It also tells me this is about parking? If so you need the parking board found here ]

Yes ...I'm a bit new to this....and apologies I though this was the parking section.
I shall repost in correct place. Thanks.

NIgelP

debtdebt wrote: »

That won!!!8217;t be sufficient to get the claim thrown out. You are clutching at straws there.

No prob's it was why I asked whether it would be or not.

What is now interesting is that they are now claiming over £400 in their disclosure on an initial£25 court fee for a max £300 claim.