Letter of claim from bwlegal

Coupon-mad

I think if a clerk has made a mistake and resurrected stayed cases in error, then a few complaints are the only way to alert the CCBC.

nosferatu1001

Oh I agree that a complaint should be made. I just dont have any faith in their competence. 

Palec

Than you. Funny bit is that when I rang CCBC phone number, option 1 was email address which says it without aq, once I spoke with someone after 15 minutes wait on line, she told me the one I was suggested to use here ccbcaq one. She was talking about mediation and if one party does not agree to it case will go automatically to court and when I asked about my defence copy to be sent, she said £10...
I just wanted to ask if there is a hearing can I do it like written representation or do I have to go there in person? Is there a chance that if I say no to mediation they will withdraw or hearing is on schedule automatically? Many thanks...

Palec

I was reading Coupon mad version on isalasias thread which is the same as mine, so can use that one,too.

Coupon-mad

I just wanted to ask if there is a hearing can I do it like written representation or do I have to go there in person?

Most hearings are currently done by phone with the Judge, and yes, you MUST attend and put your side. The Judge will listen.

DO NOT AGREE if the court writes to suggest the hearing will be done 'on the papers' without any participation by the Claimant/Defendant.

Is there a chance that if I say no to mediation they will withdraw 

No.  BUT DO NOT AGREE TO MEDIATION!

Palec

ok
So will use this version
In my case discontinuation matters I believe but will probably not mention it in this complaint letter but in copy to MP and infront of judge...
 FORMAL COMPLAINT ABOUT A PROCEDURAL ERROR BY THE CCBC 

CLAIM NUMBER XXXXXXX

Dear Sirs,
This is a formal complaint and I wish that this letter to be put before a Judge, please. 

I believe a serious procedural error has occurred within the CCBC and it affects dozens of consumer Defendants at a time when they are very likely to end up with a default CCJ as a direct result of the CCBC's actions.

It appears that several 2018 (long since stayed) 'unfair parking charge' inflated claims have been reinstated by the CCBC and mine is one of them.  I received your Directions Questionnaire out of the blue last week.  Luckily in my case, I had not moved in the past two years.

The case was stayed in 2018.  How can it be resurrected with no checks, now?  I believe this has either happened:
(a) in error by the CCBC
(b) as a result of a letter from a robo-claim solicitor, whose clients have taken no steps to re-check Defendant addresses.

In either case, it seems unlikely that the robo-claim solicitors have paid the requisite court fee or filed N244 applications to lift each and every stay.   Please correct me if I am wrong because I am struggling to understand how the CCBC can do this.

Even if the Claimants have applied and paid all fees applicable (£100 per claim), I object to the CCBC's decision to allow this, on the basis that this is likely to cause CCJs and offends against justice. 

At the very least, claims that are statute barred should have been excluded and the applicants should have had case management Directions requiring them to firstly supply evidence that the Defendants' addresses have been checked in 2020. The Claimants must be held to account, to ensure that Defendants who have moved are not all about to lose by default.

I remind the CCBC that the Government is still extremely concerned about the level of default CCJs and this action is likely to cause more.    Not only was there a review of processes, but the MHCLG are currently offering a public consultation about private parking charges which makes it clear that they are very concerned about the level of claims andCCJs, so this - plus the fact that we are in the middle of pandemic - makes it an wholly inappropriate time for the CCBC to resurrect 2018 claims from rogue Claimants, knowing the Defendants are likely not to be able to respond in all cases.

Surely you are not going to support a rogue industry to inflict default CCJs on all the Defendants, who can't return their DQ after this two year delay?  Where will this end?  Are parking company Defendants likely to see claims resurrected ten or twenty years in the future?

I am not in a financial position to throw £100 at an application to object to the Order the CCBC sent me.  What I want to know is, what has happened and has the Claimant made such an application after all this time, or is this a procedural error by the CCBC?

I am copying in my MP and will urge them to take this up with the MHCLG, who are currently consulting about the parking industry and who I am sure, will be alarmed to learn that archive cases (even some that are statute barred) are being resurrected without so much as an address check or (possibly) not even a fee being paid by the rogue industry to achieve this monumental feat, without a Judge even looking at the situation.

Yours sincerely ]

Your name (don't put 'Mr' as that is not part of your name).

I'd do it more like the above.  The discontinued claim has nothing to do with anything so don't even mention it.

Copy in your local MP (Google it if you don;t know who they are) and ask them to alert the MHCLG.

Palec

Would you consider counter claim or just defence. In 2018 I filed defence only via MCOL, but longer it takes, I feel with my wife it interferred with our lives and took a lot of time so that I do consider that option now...

Coupon-mad

You can't add a counterclaim now if it wasn't appended to your defence.

Palec

ok thank you

Snakes_Belly

Mediation is more suited to an insurance claim where liability has been admitted and the meeting will be more of a negotiation as to the pay out. It's a waste of time for a parking claim as they will want their pound of flesh.