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Britannia Parking / BW Legal Claim Form

12357

Comments

  • michelle95
    michelle95 Posts: 26 Forumite
    So do I need to pay £25 by the 22nd July?
    Why does it say "then the claim will be struck out with effect from 22 July"?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please re-read that letter again - this time even more carefully.

    There is nothing in there to even suggest that the Defendant needs to pay anything, is there?

    The Defendant get to take part in this educational entertainment absolutely free of charge.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    michelle95 wrote: »
    So do I need to pay £25 by the 22nd July?
    Why does it say "then the claim will be struck out with effect from 22 July"?

    you (the defendant) do not pay any fees whatsoever unless you have a counter claim

    the claimant (the parking company) has to pay a fee for the trial to go ahead, with a deadline to pay it by

    you are the defendant, so only stuff mentioning the defendant is your responsibility

    the claimant has to pay the initial fee to MCOL, then a court fee to the local court hearing the case (the allocated court) - so they pay 2 fees

    a defendant pays nothing unless they lose , in court
  • Quentin
    Quentin Posts: 40,405 Forumite
    michelle95 wrote: »
    So do I need to pay £25 by the 22nd July?
    Why does it say "then the claim will be struck out with effect from 22 July"?

    No you don't have to pay it !

    The claimant pays for the hearing. ( If this goes to a hearing that you lose, then you would have to reimburse the claimant.)

    But if the claimant decides not to progress to a hearing, and doesn't stump up the £25 then that's the end of the matter
  • michelle95
    michelle95 Posts: 26 Forumite
    I understand the letter now after re-reading a few more times. Do you think this will be the last correspondence before the court date?
  • michelle95
    michelle95 Posts: 26 Forumite
    Also, is it ever heard of that the claimant not paying the court fees?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no because the WS + EXHIBITS need to be exchanged with each other and the court, as that letter clearly tells you (unless you are told it has been struck out or discontinued)

    yes it has been noted that in some cases they fail to pay the fee by the due date
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 17 July 2019 at 11:43PM
    michelle95 wrote: »
    I understand the letter now after re-reading a few more times. Do you think this will be the last correspondence before the court date?


    No

    Read up on this in the newbies FAQ thread near the top of the forum

    #2 there covers Court and the process right up to the hearing.
  • Quentin
    Quentin Posts: 40,405 Forumite
    michelle95 wrote: »
    Also, is it ever heard of that the claimant not paying the court fees?

    Yes

    The claimant often decides not to continue after reading the defence
  • Coupon-mad
    Coupon-mad Posts: 161,760 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    michelle95 wrote: »
    I understand the letter now after re-reading a few more times. Do you think this will be the last correspondence before the court date?
    Obviously not. There is the important stage of yours/their WS & evidence being exchanged and filed with the court, which is what you've just read about in that letter.

    You should know all this from bargepole's 'Court Procedures' thread linked in the NEWBIES FAQS under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'. Sounds like you need to revisit that.

    The best prepared posters report wins.

    The badly prepped ones, struggle.

    Don't be in that second group.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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