BW Legal Court Claim

Sayn

Coupon-mad wrote: »

You are clearly very worried about that. So maybe you should proceed as admitted driver as it will make you more comfortable and you will appear to be less shifty in front of the Judge! You want to be an 'honest witness' so sometimes that means defending as driver after all, as you have 'realised' it was probably you, despite the lack of evidence.

So, first thing to check - is the NTK one that says near the bottom of the paragraphs on the front page, that, at the end of the 28 day period 'beginning with the day after this PCN was served' YOU/the keeper can be held liable if they do not receive payment or know the driver details...?

SPECIFICALLY?

I am not asking about any other mention of 28 days.

Hello again Coupon-mad


So I have just checked the NTK and it doesn't say that the keeper will be liable for the payment after the 28 days but just says further action will be taken to secure payment.


the paragraph goes as follws


You are nowinvited to:
(i) Pay the unpaid parking charge: or
(ii) if you were not the driver of the vehicle, to notify us (in writing using the Driver identification form on the reverse) of the name of the driver and a current address for the service for the driver AND pass this notice on to the driver.


Please be warned:that if, after the period of 28 days beginning with the day after that on which the notice is given the amount of the unpaid parking charge specified in this notice has not been paid in full, further recovery action will be taken to secure payment.




I will try and upload some of the letters and pictures of the car park if possible. Can't remember which site I need to upload the images to and then put the url link here so will need to recheck the newbies post unless someone can point them out here.

Sayn

Just an update:


I decided I will pay the settlement fee that the claimants offered so I contacted them and they have extended it for me to pay £160 within 14 days again as originally this offer expired around January.


I haven't paid it yet as it's only been 2 days since they replied to extend this offer. I believe the court fee was also due to be paid by them around 19th feb but I'm not sure they have paid it as there is nothing on mcol to say that it has been paid. I wonder if the claim will be struck out anyways but then they can pay the fee late and if the hearing goes ahead I won't have submitted a witness statement/evidence etc so I will lose and have to pay near £240


once I pay the settlement fee they have said they will contact the court to discontinue the case.


I'm thinking if I end up losing in court then I will have to pay £200+ and also have to work on producing a witness statement etc.. which I haven't even started yet and is due in about 12 days.


This has gone on way too long and I feel I just need to pay and get it all over with otherwise I will spend the next few days stressing and working on putting a WS together and gathering evidence which I don't even know where to start with and it might still end up with me losing so not sure it's worth all the hassle.

Le_Kirk

I believe the court fee was also due to be paid by them around 19th feb but I'm not sure they have paid it as there is nothing on mcol to say that it has been paid.

Worth phoning the court and asking if the fee has been paid and if not, when will you be advised that the claim has been struck out?

nosferatu1001

MCOL has no clue what happens when a case is transferred to a local court.

Coupon-mad

I'm thinking if I end up losing in court then I will have to pay £200+ and also have to work on producing a witness statement etc.. which I haven't even started yet and is due in about 12 days.

Your WS and evidence is the story of what happened.

People do that here in one day. A simple stage, with examples in the NEWBIES thread.

Don't pay.

Sayn

hello again guys


Just to keep everyone updated I still have not paid anything.


I have received a letter from the court today saying the claim has been struck out.



I phoned the court to get more info and they said that if the claimant wanted to re-instate the claim they would have to contact the judge first and then the judge would decide if they could pay the court fee to re-instate the claim. How likely do you guys think it is that the claimant will pay to have the claim go to court hearing again?


I was told by the claimant that if I pay the settlement fee within the 14 days then they would contact the court to discontinue the case but obviously with the case being struck out now I am thinking that I shouldn't pay it now as there is no point.



But can someone let me know if they do decide to pay the court fee at a later date and it does go to a hearing can they use this communication I have had with them about a possible settlement in their evidence to make it look like they didn't pay the court fee as they thought they would settle with me?
I did tell them in the letter I sent them that I wanted to settle due to the stress they had caused me and it was in no way an admission or acceptance of any contravention of this claim on my behalf.


What do you guys suggest I do now?


Thanks again for the feedback so far.

nosferatu1001

1) Pretty unlikely, as they would have to explain how come they didnt pay the fee on time.
2) well no, there is no claim to answer now, so paying would be stupid!
3) No, thats their own issue to deal with. They can use it, and could try to spin it to state they thought tye might get a settlement so instead of paying the fee they took a risk the court wouldnt strike outthe claim... but that doesnt sound particularly good, does it!

Was the communication headed "without predjudice save as to costs"? If so, then they cannot use it AT ALL before a claim is *decided* - so not at this point, for sure.

What you do now is laugh at their incompetence.

Sayn

@nosferatu1001


Thank you for your reply and clarifying things. That sounds very re-assuring to know that this will hopefully finally be over for me and I don't have to deal with these thieves any longer.



When I sent them my letter about settlement, I did write without prejudice save as to costs as a heading to it and when they replied back to me they wrote "the settlement amount was made purely on a without prejudice basis" in their responses so i assume this falls under the same rules as not being able to be used at all as you mentioned?


I am still feeling rather anxious about it all and wonder if they will contact me again especially after the 14 days to pay the settlement that they gave me are over and they don't receive anything. I suppose I will wait and see what their next move will be.


If they do end up re-instating this then I am thinking I will get a strong defence together and fight them in court as I will not be willing to pay over 200 quid and I don't think they will offer a discount again having paid to re-instate it and adding court costs.

If nothing else it will at least have incurred more costs for them to take it to court and won't have been worth it for them to chase and harass me for the last year. :-D



What is the best thing to do about the harassment and stress they have caused me over the last year? Is there anyone I should contact about it so they get fined?

Surely they can't harass me now with letters as the case is struck out?


I was asking the guy on the phone when I phoned the court on whether there is a cut off date on when they would no longer be able to take this case to court but he was unsure. Is there anyone who knows about this? I mean can they take this to court a few years later if they decided to or would that not be possible for them?

Coupon-mad

can someone let me know if they do decide to pay the court fee at a later date and it does go to a hearing can they use this communication I have had with them about a possible settlement in their evidence to make it look like they didn't pay the court fee as they thought they would settle with me?

No, they are not allowed, except when it comes to discussions about costs.

What is the best thing to do about the harassment and stress they have caused me over the last year? Is there anyone I should contact about it so they get fined?

Complain to your MP about them. There is no mechanism to get them fined.

Surely they can't harass me now with letters as the case is struck out?

No, they can't, unless they pay the fee and reinstate the case.

I was asking the guy on the phone when I phoned the court on whether there is a cut off date on when they would no longer be able to take this case to court but he was unsure. Is there anyone who knows about this? I mean can they take this to court a few years later if they decided to or would that not be possible for them?

No they can't, they only have a short time to object to the Judge striking their claim out, it says so on the letter.

If they do not, then you have won! Stop being anxious. No PHONING them!

Another one bites the dust! :T

Sayn

@coupon mad

Thanks for your response and yes I will write to my MP about these scumbags.

Don't worry, I won't be responding to them again but can't help not being anxious unfortunately until I know this claim is dead and buried for good but do feel a little more relieved speaking to you guys and getting this info so thanks.��

I will update again if I receive any further correspondence about this case.

For the time being I will Thank you all for your support��, do a little dance and moonwalk my way out of here ��