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Defence assistance

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  • Le_Kirk
    Le_Kirk Posts: 22,314 Forumite
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    Correct but, in the meantime, you could be working on gathering evidence and preparing for your Witness Statement by reading examples pointed to in the NEWBIE section post # 2.
  • Readytowin
    Readytowin Posts: 28 Forumite
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    Great, I will do that thank you
  • Readytowin
    Readytowin Posts: 28 Forumite
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    Hi, I'm assuming this is pretty normal, but just wanted to check.

    I have received post about my defence from BW Legal. I cant upload a copy of it right now as I'm in another country and have been passed the message on about the letter by my parents who are managing my post for me in my absence.

    The letter says that on entering the car park I entered into a contract with the client who is the legal owner of the land. The terms and conditions are well signposted (enclosing many pictures of them) and although allowed a grace period of 10 minutes, still need to purchase a ticket once entered. Entering the car park creates the contract and the 60 pounds added is for work done to recover charges, the claim form was signed by a supervising Solicitor and they want to settle outside of court. Total was 242.24 but they want to offer me to pay 180 within 14 days to close it. Offer expires on 19th August.

    Of course if they thought they would win then I dont know why they would offer settlement outside of court! BUT, not being completely savvy, I thought I'd ask your opinions on what to do with this? Do I ignore it?

    Thanks!
  • Readytowin
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    Any thoughts? :)
  • Castle
    Castle Posts: 4,199 Forumite
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    Readytowin wrote: »
    and they want to settle outside of court. Total was 242.24 but they want to offer me to pay 180 within 14 days to close it. Offer expires on 19th August.
    The difference between £242.24 and £180 is £62.24 which is very close to their fake £60 charge they have added, and which the court should disallow anyway.
  • Readytowin
    Readytowin Posts: 28 Forumite
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    Thanks so much for the reply!
    I now have a copy of most of the letter sent which I will try to upload tonight after anonymising

    It also says that a lot of my defence is “nonsensical” and “clearly copied and pasted” so I cannot declare that it is truthfully my defence!!!

    Again can I ask, should I be responding to this or just ignore? Will the court case proceed as normal if I don’t respond? Please help! Thank you
  • Readytowin
    Readytowin Posts: 28 Forumite
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    I’m not sure if this is going to work, but I think I uploaded pictures of the defence to a site where I can share them. Here are the links. There are also numerous photos of the car park signage supporting this defence, the signs are small so I didn’t know if relevant to share. But they say they are a member of BPA and they are according to standard...?

    They haven’t responded to every single point of the defence either...

    7UDVp

    7UtYX
  • Readytowin
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    Please is anyone able to help confirm whether I should respond to this or not? I don’t want it to affect me in court!
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
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    they want to settle outside of court. Total was 242.24 but they want to offer me to pay 180 within 14 days to close it. Offer expires on 19th August.
    Normal, ignore it. Cannot affect you in court as Without Prejudice offers can't be discussed at the hearing.
    It also says that a lot of my defence is “nonsensical” and “clearly copied and pasted” so I cannot declare that it is truthfully my defence!!!
    As I said to someone only an hour ago or so, rather than waiting on your thread for us to reply, it would have been quicker to search the forum for that word, 'nonsensical'!

    You will see what I mean when you do.
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