parking charge - at county court defence stage

KeithP

Email your completed Directions Questionnaire to the same CCBCAQ email address that you used for your Defence.

Remembering of course to send a copy to the Claimant.

Coupon-mad

They have put TBC in the witness box? Surely this cannot be allowed.

Yes it is OK.

mbaxter123

I sent the Directions Questionnaire and have received a letter from the court stating a judge will look at the case and to wait to hear from them.

Since then i have received a letter from the Claimant/BW Legal. Its basically their answers to my defence and an offer to pay a little bit less than they are now claiming i owe. (and to avoid more costs for each party bla bla bla) also attached is a letter with their 'answers' to my defence.

It seems like a pretty naughty tactic sending quite an abrupt letter, which im guessing hasnt been sent to the court to force my hand into paying so they dont have to drive 160 mile or so to attend a court hearing!!

I dont need to respond to this letter do i?

I belive It's now in the judges hands whether its worth a hearing right?

I hope i get to court i really do!!!

Coupon-mad

caught by an anpr camera going in and then exiting approx 13 mins later. The car in question was a hire car,

I have received a letter from the Claimant/BW Legal. Its basically their answers to my defence and an offer to pay a little bit less than they are now claiming i owe. (and to avoid more costs for each party bla bla bla) also attached is a letter with their 'answers' to my defence.

So you are past DQ stage but not yet at WS and evidence stage?

I would reply and say their client clearly has no cause of action because:

- the car was hired, yet their client served no compliant 'Notice to Hirer' with all required attachments as set out in 13/14 of the POFA

- there can be no hirer liability

- the driver has not been identified

- the car is only shown on site for a few minutes and the occupants of the car appear to have decided not to accept the alleged 'parking' contract even if it was seen from the sparse signs, none of which has been evidenced.

Therefore if their clients are keen to save money then you suggest they cancel and discontinue now.

State that this is an offer that has value to their client and is available for 14 days on a 'drop hands' basis at no cost to either party, otherwise - should litigation continue, even if the Claimant discontinues later on - you will ask the court to grant your summary costs (attach a costs schedule as per the NEWBIES thread).

Head it up: WITHOUT PREJUDICE, SAVE AS TO COSTS

mbaxter123

Sorry coupon mad just seen this reply.

I have now received a small claims track hearing letter.

Do i use the same defence i have used previously? In my defence i use law statements from websites do i need to print these out too and submit these.
Also i have to pay £25.00 for the court hearing. If i wish to get this back is there another form or am i past the counter claim stage now? It would be nice to get the money back from the hire company too (not important but if im claiming already?)

nosferatu1001

Did you do what you were told back in September? Yes or No

Hav eyou read post 2 of the newbies thread, and therefore know that you are now producing the Witmness Statement and Evidence bundle? Yes or No

So no, you do not use the same defence, you write a witness statement. No need to ask what this ius, as there are loads of exmaples - they are YOUR facts abotu YOUR case, so YOU write it. No template to follow.

Are you sure YOU have to pay £25 for the hearing? Normally the claimant pays the hearing fee. If you are counterclaiming YOU are still the Defendant, you are not hte claimant! If you counterclaimed then usually only IF the claimant discontinues would you have to pay the hearing fee. In terms of "getting this back", well you wont be - as I odubt you are counterclaiming - and the claimant pays it. As it is a fee to the court , it is part of the normal costs, so if THEY win they add it to their costs, and hope to get those awarded at the hearing.

Hire company - how are you getting this fee back? theyre not a party to the claim against you are they? Or are you suing them? Or did you not just hcekc your T and C, see if PRIVATE parking charges are covered, and if not issuing a chargeback / other remedy?

KeithP

mbaxter123 wrote: »

Sorry coupon mad just seen this reply.

I find that absolutely amazing.

After asking questions over seven weeks ago, and receiving answers within ten minutes of asking, you have at last remembered to check back here.

Coupon-mad

Also i have to pay £25.00 for the court hearing.

No you do not; OMG please don't pay the Claimant's fee for them! YOU are the DEFENDANT.

mbaxter123

Thanks everyone for your replies. I have done exactly as described step by step. I came back due to receiving the court paperwork and thats when i saw coupons reply.
I will again take the advise and construct a statement.
M

mbaxter123

Morning all.

I have finally received the ws off BW. Its a huge bundle of paperwork. After reading the threads about constructing a WS of my own, im a little bit daunted to say the least.
I have little to no evidence to support me. In their pack they have all sorts of land registry copies, photos of thier signages which all are dated no where near my actual so called infringement, all of my 'emails' even a copy of my defence which they have butchered.
I am going to print my statement out today and take them to the court and email them to BW is this acceptable or should i post them to BW?
Thanks all
M