**Court Summons** NCP - BW Legal ANPR Overstay

Umkomaas

samhill wrote: »

Hi Bordtea

I am just about to defend a claim with similar circumstances to yours ! did you submit your defence at the beginning or did you just write defence at the beginning and wrote I could not submit a defence without knowing more information. or submitted your full long defence copied above as well?

sorry am new to all this.

Whether or not you get a response from Bordtea (often posters never come back to the forum after their case has concluded), you need to read the NEWBIES FAQ sticky, post #2 which explains the entire court process, right up to any hearing, and tells you what to do at each stage.

If you want further forum help with your case, please start a new thread of your own with some background detail of the parking incident and what has happened since. Importantly, please place in your post on the new thread the Issue Date shown on the court claim form.

Please do not submit anything yet to the court, as your post above suggests you might go off piste, and not to your advantage.

samhill

i have the same case, left the car park 20 minute after the due time, i have been reading the newbies threads and have done all the acknowldge of service and have put my defence like Bordtea put as I could not submit a defence without knowing more information. and just had a letter from the court saying they have notified BW Legal of my defence.

Umkomaas

samhill wrote: »

i have the same case, left the car park 20 minute after the due time, i have been reading the newbies threads and have done all the acknowldge of service and have put my defence like Bordtea put as I could not submit a defence without knowing more information. and just had a letter from the court saying they have notified BW Legal of my defence.

Did you not read my advice in the post immediately before your post above?

Did you not read the signs in the car park?

samhill

i read everyone advice to read the Newbies post first and i did exactly as it says, and didn't post new post yet.

i didn't read the signs because i was at night and only can pay for 8 hours from 18:00 till 2am the night rate of 6 quid which i cannot pay more then that as it's the night rate so i paid and once i arrived back to the car park was late 19 minutes exactly and there was no one in the car park, it's a land parking so there was no light and no street light as it's 2am and there was no cars what so ever and no instruction on how to pay for the extra 19 minutes, so when i left got snapped by the ANPR.

no i post my defence as i said above, what would happen now?
did i lose it?

Coupon-mad

This is Bordtea's thread.

Please stop replying here where your queries will not be seen.

Umkomaas and I did explain this ti you already and where to click and read.

Bordtea

Hello all.

After thinking this was all done and dusted, arrived home the other evening to a letter from the court stating that the case was back on, scheduled for the end of this month, after a letter from the Claimant's solicitors showing email copies of the particulars being lodged within the deadline set.

The defendant did not receive this email - it is feasible that it went to junk and was never noticed before being auto deleted.

In any case, it now appears that it is going the full hog to court.

How is best to proceed now? Have never been this far before.

Bordtea

The Defendant can't get time off work for the court case due to the nature of her job - how best to play this? Can it be done with no representation, on paper? Clearly not ideal

KeithP

As you say, The Defendant's non-attendance is far from ideal.

By saying 'due to the nature of her job', it looks like she was never going to be able to attend.
Perhaps fuller details of non-availability dates should've been supplied on her Directions Questionnaire.

Anyway, this just means that the Witness Statement and evidence need to be top quality - anticipating and challenging any argument put forward by the Claimant and of course challenging thoroughly the Claimant's claim for costs.

The Defendant needs to notify the court of her non-attendance at least seven days before the hearing.

Bordtea

Thank you. At what stage does the witness statement and evidence need to be submitted? Will there be a prompt from the Court?

What should the witness statement include?

Many thanks

KeithP

Bordtea wrote: »

Thank you. At what stage does the witness statement and evidence need to be submitted? Will there be a prompt from the Court?

Didn't the letter giving you the hearing date say something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Bordtea wrote: »

What should the witness statement include?

Re-read post #2 of the NEWBIES thread.