NTC Parking Tickets - Gone to court papers

Coupon-mad

They marked it down as received on MCOL on the 30th

How long would you wait to see if it has been defended - Seen people mention say chase up after a couple days

Not sure what you mean, the Claimant doesn't defend! Your defence is already logged, you said.

You'll hear nothing until the DQ. All steps are spelt out by bargepole in the WHAT HAPPENS WHEN section of the NEWBIES thread post #2.

kris.cross

Thank you - Sorry for the misunderstanding feel miles out of my depth tbh!

Overt the weekend I received 3 letters from BW Legal:

08/11 - Confirming that they are intending to continue the claim, with a copy of their directions questionnaire
09/11 - Letter offering without prejudice to save costs - offering me a deal of £165 which expires 21st
10/11 - Response to my defense , they have attached photos of the vehicle and the signage - they are also mentioning they see this type of defence all the time calling it a 'copy and paste ' approach.

I haven't recieved anything further from the court since the letter confirming they received my defence

Just feel like I'm getting 3 different parts of information from them

Any help is appreciated as always

nosferatu1001

No, youre getting three template letters, wiht no thought
8/11 you will know they have to send you this, its part of the newbies thread. Same as when you fill out YOUR DQ you have to send a copy to the claimant and the original to the court
09/11 just an attempt to save their client money whch you cant be liable for, i.e. BWs feee for turning up
10/11 same as they have a copy and paste claim form, LBA, ....!

Newbies thread, post 2. contains all you need to know about process. If you want, just down load yor own N180, easily found, and complete it. No need to wait for them to send a copy.

kris.cross

Thanks - I have sent my directions questionnaire off today

Even though they're are two claims for the same offence back to back days - when this goes to court would they both be done in one go.

And after reviewing BW legals evidence I just had a quick query just to help me prepare in court.

Metaphorically speaking... say if said vehicle according to the DVLA was silver but when BW legal showed it another colour - could you argue this being the correct vehicle - Also if on their photo say one of the number plates didn't match the front - incorrect lettering on the rear for example - Could you use this to argue the claim could potentially be against an incorrect vehicle or BW have made a mistake.

I know the above would make the vehicle not roadworthy which is why this is all a metaphorically posistion

Coupon-mad

Even though they're are two claims for the same offence back to back days - when this goes to court would they both be done in one go.

Only if you draw the claims to the attention of the local Judge by writing to him/her at the point the claims are allocated there, and ask that the claims be hear together/merged into one hearing, given that the facts are a duplicate.

Write more than once to push for this - e.g. if ignored, write again with a clear covering note, with your WS, then write again with a skeleton argument or costs schedule, until a Judge actually reads your request.

say if said vehicle according to the DVLA was silver but when BW legal showed it another colour - could you argue this being the correct vehicle

No.

Also if on their photo say one of the number plates didn't match the front - incorrect lettering on the rear for example - Could you use this to argue the claim could potentially be against an incorrect vehicle or BW have made a mistake.

Yes, but your better defence to expend upon in your WS, is about the lack of agreed contract, lack of clear/lit signs, and your friend's primacy of contract.

A Witness Statement and your friend's lease/tenancy agreement, (showing he/she has never consented to a PPC imposing parking penalties, and in fact enjoys primacy of contract flowing from easements or a right to park that he/she passed onto you) would be a real help to your case, especially if he/she has damning things to say about the scam onsite and if he/she is willing to accompany you to support as a witness.

kris.cross

Morning guys

So I filled my directions questionnaires and it was transferred to my local court.

As these are two of the same claims on constitutive days - Would now be the time to request these to be merged into one or await till they give a date.

My other worry is I'm now off to Australia for 4 months - I did put this on my directions when it asked any dates to avoid - Just bit concern is I will be out there with no access to mail - last thing i want is to go down as a default loss - Any advice on best how to proceed can I ask for things to be sent via email - also I won't have any fixed address as I will be in a campervan

Help is appreciated, Thanks in advance

Coupon-mad

On the basis that, 'if you don't ask, you won't get', I would write now to the named local court citing both Claim numbers and ask:

- can these two claims be merged please, using the Judge's case management powers, to avoid clear duplication. The claims turn on the same facts, car, location, alleged contravention and parking charge and have only been filed separately purely because BW Legal file millions of robo-claims with no checks whatsoever of evidence, detail or anything at all.

- and whilst writing, you want to confirm the 'unavailable' dates in your DQ as you will be in Australia from <date till date> so you ask the Judge to set a single hearing for a few weeks after you are back in the UK, because you are keen to have an oral hearing and a fair chance to fight the scam private PCNs in question. Not least because you were not the driver and the Claimant has no cause of action against you, as they failed/chose not to use the provisions in Schedule 4 of the POFA.

- in the meantime if you are required to file & serve a Witness Statement and evidence, you will be completely uncontactable between the dates shown and as such you would be grateful (if the Judge does not strike the claims out for want of a cause of action against a non-driver registered keeper, where the POFA was not used) for a postponed Witness Statement/evidence date until <month 2019> or later, so that you are not disadvantaged or lose by default to an unevidenced duplicated roboclaim.

kris.cross

Hello , thanks for your previous help - the judge merged the cases together for a single hearing

When requesting this I said I would be unavailable and wouldn’t be able to be contacted by post as I will not have a fixed address in the UK - I requested if possible anything to be sent via email as I will not be able to respond

I haven’t heard anything since then so was hoping the judge understood this was just a roboclaim

However an old neighbour managed to track down a friend to pass on the letter

The courts sent a letter advising they have been merged for a date in June. Unfortunately I’m doing farm work for my visa so I’m unable to get back home for this date

On the photo of the letter I can see it mentioned if your unable to attend please give this notice in writing in 7 days before

I just wondered if there is any such wording or template I should use to hopefully push this back till I can return to the UK

Thanks in advance!

BrownTrout

What date in June......
I doubt you will be successful
You would need to make a formal application with a fee (£100 as no hearing )

nosferatu1001

Indeed, you will need ot make an application costing £100.
Was this date in June in your original "cant make it" list?
Dd you get confirmation from them tha they WOULD use email? If not, then thats foolish and a lesson to learn; the courts use paper. they just do. While htey have SOME capacity for email, paper is their default.