Didn't receive initial fine until court papers arrived

KeithP

That's now four times you have been asked...

nosferatu1001 wrote: »

We need to know EXACTLY what defence you sent in - hopefully you still have a copy?

nosferatu1001 wrote: »

WE still need to see your defence.

Coupon-mad wrote: »

What did your defence say, word for word (you must have kept a copy)?

The_Slithy_Tove wrote: »

What did your defence say?

Are you ever going to answer that question?


Oh... and it is not a fine.

FuzzyDuck1

BW legal have sent me photographs of the signs and T&c's around the car park, the photographs of the vehicle as per their vehicle recognition and copies of the parking charge notice and 2nd letter. They have detailed the cost breakdown as follows:
Principal debt £160
Interest £7.08
Court fees £25
Solicitors costs £50

The parking charge notice was for £100 (£60 if paid within 14 days).

They have asked for my income and expenditure aswell as a doctors note detailing my disability.

I have recieved a "without prejudice" offer of £150 to satisfy their clients claim expiring 16:00 hrs 14th February.

I have also been contacted by the courts offering mediation....

FuzzyDuck1

(Sorry it takes me a while to get back to you due to my debilitating illness)

My defense...

The first I knew about this fine was when I received these court
papers. Had i have received the initial fine, I would have
disputed the fine with the company as I was not the driver or even
in the car. CCTV would have been able to prove this.
I contacted BW legal as details were on the claim form and they
said they couldn't stop the Court proceedings and told me that as
i am the registered keeper with the DVLA I am responsible for this
fine regardless of if I was driving or not. I do not believe this
to be lawful with fines on private land. I am not responsible for
this fine as I wasn't the person who parked on this land. This
has made me rather poorly and I am already in poor health with a
disability and on benefits and cannot afford this fine when I
wasnt the person responsible.[/QUOTE]

Coupon-mad

Oh dear. You have nothing useful in that defence at all.

All we can do is try to turn this around somehow at Witness Statement (WS) stage (weeks before the hearing date) when you could state that it was impossible to file a full defence, given you had received nothing and were still sent nothing at all when you contacted BW Legal. Thus you could ask the court at WS stage, to order the Claimant to provide you with full particulars including photos of the car and all letters sent, and a copy of the signage terms upon which they rely, and proof of the alleged contravention, whatever that may be.

Hopefully a Judge will order that to happen first, and for you to file a new defence.

DO NOT DO MEDIATION, STOP PHONING THEM.

When you say the court has 'offered' Mediation, do you mean you've got the N180 form?

Or that you already completed that - the Directions Questionnaire - and agreed to Mediation and now you've got a specific letter about that?

It's a stupid idea, so no doing it.

Are you on an income whereby you can get help with court fees? Just wondering if you'd get a free chance now, to file a new defence...

FuzzyDuck1

Thank you, yes i have received "notice of proposed allocation to the small claims track" and detailing that i need to complete the N180 and file it by 21st February.

FuzzyDuck1

Im on ESA (in the support group due to longevity of my illness) so will look to see if i can get help with costs, thank you. BW legal have sent me all of their proof, copies of the initial PCN's, photos of the signs and T&C's displayed at the car park, photos of the ANPR....

Coupon-mad

BW legal have sent me all of their proof, copies of the initial PCN's, photos of the signs and T&C's displayed at the car park, photos of the ANPR....

Oh OK, when did they send you that?

How long after the claim?

After you had already defended it?

Tell us if you qualify for free court fees, urgently.

If so, then I say you should apply to amend that defence as it might well cost you nothing...then we can write you a proper defence that might have more luck.

FuzzyDuck1

They sent me all documentation after i filed my defense. Im searching online now to see if im eligable as im a single mum of 2 with no employment due to my illness/disability. Thank you for all of your help, i really appreciate it.

FuzzyDuck1

I should receive help and have applied online and have my reference number to attach to any court papers.

Coupon-mad

You are bound to qualify IMHO. But Google it and read the criteria. You need to complete a fee remission form and send it or the reference you've got, with form N244 to apply to the Court for permission to amend your defence, because the Claimant failed to send you any particulars or details until AFTER you had filed a basic defence.

You can file your amended defence at the same time as the N244 and fee remission ref.

But what you need to do in terms of an amended defence is strike out the parts of the defence you do not want, then add to your defence in RED the parts you are adding or changing.

So bits you do not need struck through in black line, and added parts in red.

In a decent defence, you need to take each paragraph of the Claimant's case - in the Particulars of Claim (POC) on the left of the claim form - and either admit, deny (and say why you deny) or say you require the Claimant to prove certain things.

What do the POC say, exactly, word for word on the claim form (minus your VRN)?