Court Claim by BW Legal

KeithP

inasanalias wrote: »

Good evening, just a update, so I sent my defence in for both my parking tickets and on Monday I received a letter from the court to acknowledge that they have received one of the letters but for some reason I haven’t received a letter of acknowledgment for the other! I sent it by recorded delivery and they were both signed for so I’m a bit confused. I have tried ringing the court but no one ever answers!

inasanalias wrote: »

Sorry again, I just looked up the tracking number again and for some reason one was delivered and signed for on the 26th and the other delivered and signed for on the 29th even though I sent them together!!! Bit strange but I hope it hasn’t been received after the allowed time for my defence to be submitted!!

If you had followed the guidance freely given in post #18 above, all that anxiety could've been avoided - not to mention the cost of Royal Mail Signed For®.

inasanalias

I did read through it and saw that it said not to send it via the website as it can get all out of line and to send it recorded delivery which I did

KeithP

inasanalias wrote: »

I did read through it and saw that it said not to send it via the website as it can get all out of line and to send it recorded delivery which I did

What??

Post #18 above says nothing about Recorded Delivery.

Post #18 above says nothing about not sending it via the website.

Are you sure you are reading the advice given?

Coupon-mad

Bargepole's advice says post it...

inasanalias

Thank you coupon-mad as that is where I got the post it advice from

inasanalias

So today I got the second parking ticket defence letter acknowledgment from the court and also a letter from BW legal to say that they have received my defence and that the client intends to continue with the claim. Attached is a directions questionnaire that they have filled out. I take it the next step is court date?

inasanalias

Good morning, a quick question hopefully someone on here can help me with. Is there any way of getting fresh evidence submitted to a case after the original evidence was sent through?

Le_Kirk

If you don't yet have a court date, is it possible that you have not submitted your witness statement and that is the time to send evidence. Check out the NEWBIE again post # 2 and Bargepole's walkthrough of what happens when.

inasanalias

Thanks for the speedy reply, I have checked out the newbie post and Bargepole has been hugely helpful for me. I already received the letter asking for evidence about 2 months ago which I submitted and I also received a letter on Friday telling me that my case has been sent to my local court and a date will be set soon. So no date yet but like I said, I was wondering if I still could submit new evidence and how this would be possible. I’m new to all this so don’t have a bloody clue and worried that I am going to come across as a totally amateur in court!!

Coupon-mad

That chain of events is unusual, but maybe specific to that Court and Judge.

I would wait to see if the letter ordering the hearing date, says a date by which all WS must be filed & served...in which case you could file & serve something before then.

Alternatively, if there is photographic or 'plan' evidence in the other side's bundle that you have evidence to disprove (e.g. they've sent old photos of signs and you can disprove that, or they've provided a site plan or ownership of the property that you can disprove with a more up to date plan) use this part of the CPRs and 'give notice' before the last date to exchange WS and make the photos/plans available asap:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.6

(3) Unless the court orders otherwise the evidence shall not be receivable at a trial unless the party intending to put it in evidence has given notice to the other parties in accordance with this rule.

(4) Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, he must give notice not later than the latest date for serving witness statements.

(5) He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if –

(a) there are not to be witness statements; or

(b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement