Court Claim - Britannia Parking/ BW Legal

eshjie

I have updated my defence and posted the update in post #10.

I also changed the wording to state that I used to be the registered keeper, I no longer own that car. Not sure if that really matters or not.

Appreciate any further tips!

Coupon-mad

I also changed the wording to state that I used to be the registered keeper, I no longer own that car. Not sure if that really matters or not.

It doesn't matter but it sets the scene, I suppose.

I know the car park location, it was was a pay and display ticket machine car park, and I received the letters because the car was not displaying a ticket when the warden came to check. First I knew of it was when I got letters through the post with some photos of the PCN on the windscreen etc.

I'm not entirely sure how to word that,

Put it like the above, only don't use the word warden.

why was there no PDT on view? Did the driver pay? Did the ticket fall off?

Remove your #15 as a solicitor poster, Johnersh, has today warned against using words that presuppose the claimant is 'vexatious' or asking for 'relief from sanctions' as the case has not yet been heard (these might be words to use at the hearing though).

eshjie

Coupon-mad wrote: »

why was there no PDT on view? Did the driver pay? Did the ticket fall off?.

Good question, I am not sure if the driver paid at the machine or not. The ticket could have fallen off and been cleared out by me when tidying up after the fact, which would have been long before I got any letters through the post. I was never made aware of any PCN on the windscreen however, maybe that even fell or was taken off. I dont know, it was a number of years ago
Should I write these details?

eshjie

I have made changes to the defence, still got 2 weeks left to send hopefully its almost there now! Thanks for help so far and appreciate any further comments in advance

eshjie

Does anyone have any final comments before i submit the defence in post #10?

Thanks for all assistance so far

eshjie

Update. I have received the N180 form and will fill that out as described in this forum. I have one question I wonder if anyone can tell me and save me time.

If this goes all the way to court, I have no intention of going. I will have it heard in my absence as it will cost me more money to go and defend the claim than it will to pay it if I have to take a day off of work.

What are the odds of being successful if I don't actually go to court? (i.e is it actually worth me continuing with this?)

I imagine I may as well go through the process the whole way (and then write to state it should be heard in my absence), but I do wonder how much not going to court will likely affect the outcome in the end.

Egbert_Nobacon

Obviously your choice but may put you at a disadvantage.

Go to Advanced Search using keywords ‘heard on papers’ and change search results from threads to posts.

eshjie

The case went to court and I could not attend. I notified the court of this fact more than 1 week prior.

I have been issued a judgment for £88.59
I have been told to pay costs assessed in the sum of £240 AND also £140 "pursuant to CPR 27.14(2)(g)

Total = £468

I thought the max it would be was £250 (balance due)
What a total waste of time this has been. I should have just paid it from the start and saved myself loads of time and money. Super disappointed.

KeithP

Sorry to hear that.

Did you file a Witness Statement and evidence?

The extra costs, pursuant to CPR 27.14(2)(g), were due to the court deciding that you had acted unreasonably.
As you weren't there, you may never find out why that might have been.

eshjie

Thanks for your help regardless, I'm just feeling extremely bitter at the additional costs. Naively maybe I just thought the costs on the letters were the costs I would pay if I lost. Clearly I was wrong as it was close to double that

I apologised for not being able to attend and asked for my written defence to be referred to, can't remember the wording but I followed advice I found about what exactly to say. I'm really not sure how I acted unreasonably. When I speak to the BW legal solicitor tomorrow I might ask her, considering she was there as I am pretty curious myself... I'll update accordingly.