County Court Judgement paid but now has been set aside! - BW Legal - Premier Parking Solution

ahcs

Note - I have searched the forum and struggling to find a specific response to my issue at the moment. Please bear with me.

Background
Premier Parking Solutions took legal action for my non response to a parking fine. I did not see BW Legals letters to me and a County Court Judgement was issued.

I did not receive a claim form from the court and therefore I emailed to complain that the correct legal process was not followed. However during this wait for the reply, I did not want to go over the 30 days since the judgement and a CCJ be put on my record, so I paid the CCJ to BW Legal. (I wanted to defend myself but the risk of paying £250 to set aside the CCJ and go through the process to defend myself was a bit scary, so I bit the bullet and paid up so my record wasnt affected).

The Court has now sent me a letter admitting to their error in not providing a claim form. The CCJ has been removed and I am being asked to respond to the claim form.

I want to defend myself but I have already paid BW Legal. I have all evidence of my payment of the parking fees for the period they are claiming was not paid.
The particulars of the claim on the claim form are also very weak, it states a PCN was issued at a time on a date, but no real details of why.

Please can anyone help with my questions below:

1. Is it worth my defending myself now that I have already paid BW Legal? If I defend myself, can I expect BW Legal to repay my money when I defend successfully?

2. What are my next steps? Do I contact the Court to complain that I have already paid but want to defend myself?
Do I respond the the acknowledgement of service to defend myself, even though I have paid?

3. I believe I should respond to the claim form to defend myself. Should I email my defence to the Court in advance to ccbcaq@justive.gov.uk?

I found a good template defence previously when I first had this issue. Please can someone provide the link if it is to hand?

4. Is there anything I'm missing?!

Thank you for any help you can give!

nosferatu1001

1) Yes, of course. If you win, they have to repay you
2) No, you dont complain to the court. The court has rectified their mistake. You ACKNOWLEDGE the claim and state you will defend in full
3) How do you mean "in advance"? The ONLY defence you will submit is your emailed one, which you will show here
4) NEwbies thread, post 2, which covers all aspectsof the court process

Yes, that you need to tell us
a) what the court has ordered
b) your deadline for submission
c) the PPC involved.

BoGoF

Not 100% sure tbh.....but BW may drop the case now they have your money and you have nothing to defend.

ahcs

nosferatu1001 wrote: »

1) Yes, of course. If you win, they have to repay you
2) No, you dont complain to the court. The court has rectified their mistake. You ACKNOWLEDGE the claim and state you will defend in full
3) How do you mean "in advance"? The ONLY defence you will submit is your emailed one, which you will show here
4) NEwbies thread, post 2, which covers all aspectsof the court process

Yes, that you need to tell us
a) what the court has ordered
b) your deadline for submission
c) the PPC involved.

1) Thank you - this is good to know
2) I will respond with the acknowledgement of service form
3) To clarify, I need to send the acknowledgement of service form the to court and then email my defence also? I will of course post my defence first - does this need to be know ASAP?
4) Thanks

a) Originally the court ordered me to pay the fees due in a 'judgement for claimant', however as they had a 'technical difficulty' as they put it, I did not receive the claim form and now the judgement has been removed and I can now respond to the claim properly.

b) Hypothetically if the letter was received today (23/10/2018), would my deadline for submission be the 14 days after? I do not see anywhere on my letters which states a deadline

c) Sorry - what is a PPC?

nosferatu1001

NO, you will READ POST TWO of the newbies thread, and use the ONLINE acknowledgement. You will not use the form for anything.

3) Yes, you ackowlegde ONLINE
THen you email your signed defence BEFORE the deadline

We dont know what the deadline is - because it will depend on the court and what they ORDERED as a result of the SET ASIDE. We need to know what your DATE OF ISSUE is *now* they have rectified their mistake. USUALLY if you acknowledge a claim you get a total of 28 days from date of service, whcih is 5 days after date of issue. You should *not* be deprived of this 28 days, but it will depend what the court ordered. Only you know that!

b) no, it depends entirely on what they consider the "date of issue" to be.

c) Private parking company

You havent yet found the NEWBIES thread. YOU NEED TO FIND IT.

ahcs

nosferatu1001 wrote: »

NO, you will READ POST TWO of the newbies thread, and use the ONLINE acknowledgement. You will not use the form for anything.

3) Yes, you ackowlegde ONLINE
THen you email your signed defence BEFORE the deadline

We dont know what the deadline is - because it will depend on the court and what they ORDERED as a result of the SET ASIDE. We need to know what your DATE OF ISSUE is *now* they have rectified their mistake. USUALLY if you acknowledge a claim you get a total of 28 days from date of service, whcih is 5 days after date of issue. You should *not* be deprived of this 28 days, but it will depend what the court ordered. Only you know that!

b) no, it depends entirely on what they consider the "date of issue" to be.

c) Private parking company

You havent yet found the NEWBIES thread. YOU NEED TO FIND IT.

Thank you for the details - this is much clearer!

I will do as you mention by acknowledging online. I will begin building my defence to post here later tonight hopefully.

I have reread the letter. My deadline is the beginning of November.

The private parking company is Premier Parking Solutions - does this affect any part of my issue?

Thanks again!

Castle

Is this your previous thread on the same matter?
https://forums.moneysavingexpert.com/discussion/5908622/county-court-judgement-bw-legal-premier-parking-solutions

ahcs

Partly - that was regarding how to go forward in my case as I did not know how to move forward.

This thread is following on from my decision to pay the fees and remove the CCJ from the records, but addresses the new issue of having paid the fees but being able to now defend myself.

I started a new thread as I needed a specific response quickly, as we know there is deadlines to respond.

twhitehousescat

as previously posted


"BW may drop the case now they have your money and you have nothing to defend."


I suspect this will happen and you will have to get monies back by other means

DoaM

twhitehousescat wrote: »

I suspect this will happen and you will have to get monies back by other means

Which probably means OP will need to raise their own MCOL claim.

nosferatu1001

OP - you need all of this in one thread. PM one of the board guides - back to page one look near the bottom. ASK them to merge.

OP - the claimant can discontinue the claim at any time, however you shoudl lodge with teh court that you only paid up against a JUDGEMENT. AS there is no judgement any longer, the payment made is invalid, and does not represent a *settlement* of the claim. .

Thus, if the claimant discontinues, you expect them to refund the amount paid against the erroneous judgement