NCP / BW Legal.

Le_Kirk

Yep, that should do it.

Teaboy94

Hi All,

Just an update and again a request for some support;

I've received in the post today a letter from NCP outlining they wish to proceed with the claim alongside a letter from the Court which has enclosed a "Notice of Proposed Allocation to the Small Claims Track"

It contains a questionnaire which asks the following;

Do you Agree that the small claims track is the appropriate track for this case - Yes / No
If no please state the track which is should be allocated.

Hearing Venue
At which County Court hearing centre would you prefer the smalls claims to take place and why?

Expert Evidence
Are you asking for the Courts permission to use the written evidence of an expert? Yes / No
If Yes, state why and the name of the expert (if known) and the area of expertise and the likely cost

Witnesses
I can answer *

Hearing
I can answer *


It then has an additional page which outlines if I wish for this to be reviewed via Mediation Yes / No
What do you suggest?

Do I send this back in the post or do I log into the Government Gate with it attached or via Email as with my Defence?

KeithP

Please re-read item 8 in the list in post #13 above.

The answer to every single one of those questions is in Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread.

Return the completed DQ to the CCBC in the same manner and to the same email address that you sent your Defence. Post #13 above will help with that too.

Don't forget to send a copy of your completed DQ to the Claimant - address on your Claim Form.

Teaboy94

Hi All,

I completed the questionare provided by the courts and then recieved a letter stating they would be in touch with a date to when the hearing will take place however, I have now recieved further correspondence from BW Legal Direct outlining their positions to my defense.

Please See Below:

https://ibb.co/M9KL227
https://ibb.co/FbttSwZ

They also have provided images of the car parks signage but these are not from the date of incident and are generic in the middle of the day.. They still haven't provided proof that I did not pay either as requested but claim they have checked their payment data system and the ANPR images..

In additon to the above they have offered as a " gesture of goodwill " to reduce the lump sum from £240 to £180 to avoid the involvement of court and to reduce costs for both parties. I have until 06/01/2020 at 3pm to take them up on this offer.

Can you please review the above and guide me accordingly?

Redx

no need to look at it , its a typical auto response, disregard it and await the court paperwork from your local court

Teaboy94

Hey All,

I have further received correspondence to inform me of a court hearing date.

In addition to this I have received confirmation from BW Legal outlining their client will not be in attendance with a copy of a client witness statement. There will be someone there on there behalf.

When I was first made aware of this allegation I had no received any contact prior to BW Legal so the chance to appeal had lapsed.. which they claim I have purposely ignored..

Since being made aware I have asked for the data payment logs of that specific date so I can respond accordingly. I asked my MP and they ignore them too. Only now have they provided this information..

Reading their statement, I don’t know if you need specifics, but they attempt to pick fault at my defence and even make assumption that I have used online sites to generate such statement.. bold

Please see there comments attached.

https://ibb.co/NYrsQBp

This is their conclusion.

https://ibb.co/pn7709X

Can you please advise me of the next steps?

Do you require the detailed response to each paragraph?

How do I prepare for the court hearing? Do I need a witness statement?

KeithP

Seen every day. Often more than once a day.

Compare these words (taken from your first image)...

...with this post earlier today:

forums.moneysavingexpert.com/showthread.php?p=76760135#post76760135

Teaboy94 wrote: »

Can you please advise me of the next steps?

How do I prepare for the court hearing?

As before, you need to be following the guidance offered in post #2 of the NEWBIES thread.

Teaboy94 wrote: »

Do I need a witness statement?

Very surprised to read that. It is all in post #2 of the NEWBIES thread.

Teaboy94

I have reviewed the Newbies Thread and I am unsure to what my witness statement should contain. I have the base of the document however, I am unsure to how I should present the facts/evidence to my circumstance.

Touching on my #1 post.

I first was made aware of this allegation circa 130 days after the incident date by BW Legal not NCP.

Due to the length of time since the incident, I was unaware of the driver at the time.
They claim that I would have known who this was within their WS

Due to the length of time I hadn't the opportunity to appeal. They claim I purposely ignored and never challenged

I have asked continiously throughout this process to BW Legal for additional evidence to be provided so that I could respond accordingly. No proof has been provided of the driver and only within their witness statement have they provided the payment logs.

I involved my MP because of the amount of stress this has caused. They too asked for this information from BW Legal and I have evidence from my MP showing that BW Legal ignored this correspondence.

They have only now within their WS provided Payment Log showing no payments made for my vehicle..

Within their witness statement they refer to ample signage, stating the terms and conditions were obvious and clear in line with code of practise however, the pictures attached are not of the date of the incident and have been taken during the day. They allege that this incident was at midnight ???

The ANPR images they have shown, the front forward image doesn't even show the vehicles REG at all just the head lights? The Rear image a little more so however it still isn't clear and you would need to 'assume' the details.

They have now also provided registery proof that they own the land themselves.

They refer to me as the defendant owner and or driver and didn't complete with the T&Cs.

They claim I never engaged in conversation to resolve this amicably.

Can someone point me in a direction to how this should be presented please?

beamerguy

As KeithP says, we see this rubbish about copy and paste and the word "nonsensical" nearly every day now

They are scratching at straws, trying to make out you are lyong in your witness statement ....... BWLegal are fine ones to talk, recently I saw a WS from them that was signed as a statement of truth and it was proved to the judge that they had infact lied.

That is currently under investigation with the SRA

Doubt the judge will take too much notice. In the case I went to, the judge mentioned about this copy and paste lark and the D said, yes, he had researched the internet and what he discovered was the truth.
The judge smiled and went on to dismiss the case and BWLegal lost and were ordered to pay £100 in costs

It is indeed BWLegal who are nonsensical adding pointless comments in their WS

So, you know about ABUSE OF PROCESS by BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

What you read is factual and truthful and reflects the cases being lost by BWLegal.
POST # 14 in that thread by coupon-mad are factual and true and every judge must be made aware of this whilst BWLegal keep adding amounts that are ABUSE OF PROCESS

beamerguy

I involved my MP because of the amount of stress this has caused. They too asked for this information from BW Legal and I have evidence from my MP showing that BW Legal ignored this correspondence.

Now is the time for your MP to talk to his fellow MP ....

The Rt Hon Robert Buckland QC MP, Lord Chancellor and Secretary of State for Justice

We simply cannot have a legal firm authorised by the SRA ignoring MP's