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Preparation of Defence.

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  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay, you won, well done! 
    ANOTHER ONE BITES THE DUST.
    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
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 24,596 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Good, a discontinuance counts as a win!
  • mukach72
    mukach72 Posts: 47 Forumite
    Second Anniversary 10 Posts
    My case was allocated to the small claims track and from looking into it, I can't set the discontinuance aside and claim my costs unfortunately. I could be wrong?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mukach72 said:
    Hi forum,
    Its been a long wait with nervousness, worry and much trepidation about our impending hearing but happy to receive form N279 - w3 Notice of Discontinuance from BW Legal. Probably because of the chaos that corona virus is wreaking over our society at present but we held our nerve and are relieved that this sorry saga is over. A small victory for people who don't like to be bullied, threatened or intimidated by crooks.
    Thank you to all the knowledgable, sincere folk on the forum who helped us with advice & encouragement, it means an awful lot to us!  Dyakuyu!! 
    BWLEGAL CHICKEN OUT YET AGAIN ?
    It won't be because of the virus ?   It's because their claim is not fit for purpose .... as usual
    NOW COMPLAIN TO THE SRA about the timewasting BWLEGAL
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    D_P_Dance said:
    It's a good job that we tell people not to bother with the CAB,   On that page they refer to Letter Before Claim and go on to say a person has 14 days to reply ????   OH DEAR ?
  • Le_Kirk
    Le_Kirk Posts: 24,596 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mukach72 said:
    My case was allocated to the small claims track and from looking into it, I can't set the discontinuance aside and claim my costs unfortunately. I could be wrong?
    You cannot set aside a discontinuance, why would you want to?  The claimant has decided not to continue with the case, it was their case to bring and therefore their case to discontinue.  You could try writing to the court with your summary cost assessment and see if the judge will award any.  Depends when the claimant advised the court.  If they have done it all in accordance with the CPR, then you are unlikely to get anywhere.  Do you have massive costs to retrieve?  The maximum you would be awarded under normal costs and CPR is £95.  You would need to prove unreasonable behaviour if you wanted to go higher.
  • mukach72
    mukach72 Posts: 47 Forumite
    Second Anniversary 10 Posts
    To be honest, I'm glad its all over! Its stressed my wife & me out for nearly a year & with everything else going on, is now the least of our worries! I look forward to other folk having good luck against these charlatans!!
    I just want to thank this forum again, great people on here with great & helpful advice!! 
  • Umkomaas
    Umkomaas Posts: 43,383 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mukach72 said:
    To be honest, I'm glad its all over! Its stressed my wife & me out for nearly a year & with everything else going on, is now the least of our worries! I look forward to other folk having good luck against these charlatans!!
    I just want to thank this forum again, great people on here with great & helpful advice!! 
    You can always join us and give newly traumatised and vulnerable people the benefit of your experience, because you've more first-hand experience than almost every regular who posts here. What a service to the community that would be at these extremely trying times. 

    Over here in SA it seems to be rapidly approaching lockdown - weighing up my exit options. UK parking charges seem less of a priority right now. No such crap however over here.  Parking anywhere and everywhere, totally free, no parasites infesting car parks, just helpful parking attendants who will load your shopping into your car, take away your supermarket trolley then guide you out of your parking space.  Very happy with a R2 - R5 tip (10p - 25p). 

    I wonder whether any forward-looking UK supermarket chain would ditch their PPC and ANPR contract and introduce a similar system; I'm sure the UK public would respond remarkably positively. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • mukach72
    mukach72 Posts: 47 Forumite
    Second Anniversary 10 Posts
    My advice to anyone who has started to receive demands from PPC's is to head directly to the NEWBIES thread
    https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest and spend some time going through what is relevant to their own situation. This is what I did!  Its a veritable goldmine of help, wisdom and knowledge, written by people who know their sh**! Without the crystal clear guidance there, I would have been just another mug, ripped-off by these thieving companies. Another point I would mention is always keep in-mind  deadlines in terms of filling out forms , 'Acknowledgement of Service' etc and the chronology in communications from PPCs. Its a bit of a game and the deluge of mail you receive from PPCs and the language contained there -in, can be a little intimidating but the help & advice on this forum is pretty comprehensive and an absolute god-send!
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