BW Legal County Court Claim for ignoring PCN

Anastasiya27

Hello, I have edited my post and added Particulars of Claim. Thanks everyone.

Coupon-mad

Have you done the AOS online now, to buy a bit more time to work on a defence?

What if they have proof and I am in the wrong and can loose in court?

''Loose'', as opposed to tight?! You mean 'what if I lose'.

The answer is, ''So what?'' It's no big deal and the ordeal would be over, and you will more likely win. Even if you lost, Court does not give you an immediate CCJ, you could then pay and it would be less than they are demanding now, under £200. And we rarely see any cases lost, and no-one gets a CCJ unless they do not follow our advice, or if they miss a court letter and don't respond. You will not do that now you are here!

***PARTICULARS OF CLAIM***
The Claimant’s Claim is for the sum of £... being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 00/00/0000 (Issue Date) at 00:00 at .....
That’s all there is, next paragraph is that I have failed to respond and additional charges and interest.

OK so go and look at the BW Legal defences in the NEWBIES thread, I've just updated with newer defence examples including BW Legal ones.

Anastasiya27

Thank you, I will work on it now and I have filed AOS online, so have loads of time.

Le_Kirk

Anastasiya27 wrote: »

........... so have loads of time.

Well done for getting this far. Don't let time slip away! See so many threads that start off "my defence is due on xx/xx/xx" then 3 weeks later "Help!!! defence due tomorrow"

Quentin

Your OP needs more editing. It still reveals who was driving

Use the third party as in "the driver" did this/"the keeper" did that

Anastasiya27

Thank you, I have edited my post, will concentrate on defence and reading Newbies section this weekend...

Anastasiya27

I have read that some people have asked for evidence from a Claimant after they have filed AOS. Is that a good idea?

System

The particulars lack any sufficient information for a defendant to construct a defence. So you have a choice here. You can issue a defence to say that the particulars are "embarrassing" and simply ask for the Claimant to provide detailed particulars so you can then submit a defence.

The court should require the claimant to resubmit detailed particles so you can do a better defence but there is a risk that the Allocating judge may just let it slip through. But it is no big deal.

I have read that some people have asked for evidence from a Claimant after they have filed AOS. Is that a good idea?

This is a good idea and and you should add to any defence that the Claimant has failed to file a coherent statement of facts which, if true, disclose a legally recognisable claim in line with the Civil Procedure Rules.You have therefore made a request for a coherent statement and the facts on xx/xx/xx so you can defend yourself. Add that a Defendant is entitled to know the case they have to meet.

Anastasiya27

That’s a great advice, thank you. I didn’t get a chance to read all the advice on Newbies section and examples yet so next step for me is to search for how to submit a defence. Cos if I will issue a defence that particulars are not appropriate and judge will let them slip, that mean I can’t add anything else onto my written defence?

KeithP

...so next step for me is to search for how to submit a defence.

Anastasiya27, what is the Date of Issue on your Claim Form?