BW Legal Letter of Claim

KeithP

jackyboyw wrote: »

Issue date is 11 October 2019.

With a Claim Issue Date of 11th October, you have until Wednesday 30th October to do the Acknowledgement of Service. If possible, do not do the AoS before 16th October, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Wednesday 13th November 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

jackyboyw

Thanks, working on that now.

Out of curiosity. What happens if I continue to ignore & not go to court?

Coupon-mad

You would get a CCJ which will wreck your credit rating for 6 years, stopping you from getting credit and phone contracts etc., and the PPC could send a bailiff round to recover the money.

This DOES NOT happen if you defend and submit the paperwork as per the court directions later (see NEWBIES thread) and turn up for the hearing, NOT EVEN IF YOU LOSE.

Only a handful of people lose here each year and they just pay within 30 days. No CCJ.

99% of inexperienced, ordinary posters here, when coached by us, win.

jackyboyw

Good to know, thanks.

jackyboyw

Okay done my AOS. Now I have 28 days to file my defence. I don't really know what to put in this because I want parked in the pay for over 8 hours lol. What do I say?

Le_Kirk

Just reread your thread from the beginning and could see how you might have a problem coming up with a (convincing) defence, however, go now to NEWBIE sticky post # 2 and read the 17 pre-written defence examples, see if you can find one that fits your circumstances and adapt it to suit. Most defences are based around failure of the claimant to proceed properly, unclear signage, no landowner authority and (provided they did add spurious charges) abuse of process. Search the forum (advanced search) for beamerguy's thread using Abuse of Process as your keyword(s), beamerguy as User Name and change the radio button from threads to posts. Read all that thread and use the comment at post # 14 of that thread to put at the end of your defence, not forgetting to number EVERY paragraph.

Coupon-mad

because I want parked in the pay for over 8 hours lol.

What does that mean?

jackyboyw

Meant parked in the Bay**

Coupon-mad

The sentence is still not English and I genuinely don't understand!

jackyboyw

I don't really know what to put in this because I WAS parked in the BAY for over 8 hours lol. What do I say?