CCJ entered against me by BW Legal

Coupon-mad

Sorry I might be misunderstanding this point, but the 2 claim forms are not duplicates of 1 incident. They relate to 2 separate incidents dated 3rd sept 2016 and 29th sept 2016. I was issued the 2 claims on the same day for the 2 incidents.

I know. Duplicate just means the facts are duplicated...this happens all the time. We know it's not one PCN. Those are the words to include. IT IS an abuse of process not to have consolidated the claim into one.

What is meant by "use of an unchecked address for the Defendant.''

I was assuming that's how come you missed defending the claims...this thread is now on page two and us regulars have little time to look back at earlier posts. I never do!

You will have to remove that bit then, if you were living at the served address.

How come you didn't get the claims and defend? Please answer even if you already have.

SAfricanGirl

Coupon-mad wrote: »

I was assuming that's how come you missed defending the claims...this thread is now on page two and us regulars have little time to look back at earlier posts. I never do!

You will have to remove that bit then, if you were living at the served address.

How come you didn't get the claims and defend? Please answer even if you already have.

I didnt get the claims because I had left the country over a month before the claims had been delivered, and being away I had no access to my post. It wasnt until I had asked a friend to check my post for anything important that I had realised I had these, but by then I had missed the 14 day period.

Coupon-mad

Ah OK, then you will need to take proof of that to the hearing.

And as you want a late set aside date, mention it also in the draft order with this instead:

7. The Court, having being advised that the Claimant has issued two duplicate claims on the same day, numbers XXXXXXXX and XXXXXXXX against the Defendant with substantially identical particulars, notes that this is a potentially sanctionable abuse of process. The Claimant shall, when filing and serving copies of the two claim forms (see #3) include a written explanation of their position as to why two claims were filed for parking charges which turn on the same facts, rather than one claim, and why the Claimants believe there should be any relief from sanctions.

8. The Court orders that the two claims be consolidated and shall be heard in one set aside hearing, at the first available date when the Defendant has returned to the UK, after 1st October 2019.

Kcs

Hi was just wondering if you ever resolved this.

I have had the same happen to me, although I've never received any letters at all until now. I never received the original parking fine or the letter to state they were entering a CCJ against me - which they did back in September last year. The claim apparently is from back in 2017. I have never received anything from them until now.

Is there anything I should be doing?

Thanks

Quentin

If you want advice after reading up on this in the Newbies faq thread near the top of the forum then you must start your own thread and not hijack someone else's like this


(Post #2 in the FAQ covers getting a CCJ you knew nothing about and how to get it set aside)


Please don't post anymore in this thread of Safricangirls

Kcs

Brill thanks!

SAfricanGirl

Hello - so I have an update with where I am with BW Legal and I need some advice on what else I can do regarding my issue.

I had my court meeting today to discuss my application to set aside my CCJ, unfortunately the usher did NOT grant me with a successful CCJ set aside and I have to now pay for both my CCJ set aside applications... (I have applied as well for "help with fees")

my concern is more with:
the 2 parking charges are worth £100 and in BW Legal's witness statement pack that I received there is a breakdown of what I owe them...

£100 parking charge
£60 court fees (apparently for them applying to get the CCJ set against me)
£17 estimated interest
£25 estimated court fees
£50 estimated solicitor fees

these are the same costs for both CCJ's so these I will need to pay double the above.

BW Legal also tried to get me to pay £750 EACH CCJ!!! for hours spent writing up witness statements, but the usher refused this.

my question is: is there any ground for me to stand on to pay ONLY the initial £100 parking charge or even the £160? or am I inclined to pay the £252.78 x2 and there is nothing else I can do because my set aside was unsuccessful??

any advice on this would be appreciated..