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Court Claim Received Please Help

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Include it, then expand on it in the WS later on, because it makes them look shady and not above breaking planning laws for their own greed, so they aren't squeaky clean
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 9 August 2019 at 8:04PM
    For starters, you do not owe £500 odd for 2 tickets.

    So, you are saying that they have no permission to farm the car park for money. That would be fraud
    A Judge would be very interested to hear this.

    Assume the claim came from BWLegal ?
    Assume they added a fake £60 per ticket

    You had better read this ...

    Abuse of Process ... District Judge tells BWLegal

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
  • SeaCastle
    SeaCastle Posts: 12 Forumite
    Thank you for the responses. I have read the Abuse of process thread and I was planning to use the additional paragraphs in my Defence.





    Yes it is BW Legal and yes they have added £120 contractual costs. Also interest at 8% over 4 years, legal representative costs of £50 and court fee of £35. This makes a total of around £500 for a total of around 30 mins of parking (over 2 PCN’s).





    I think I will mention the lack of Planning in the defence and expand on it in the WS. I will have to come up with some wording for this. I understand that permission was given to Premier Park by the landowner but not the Council.





    I am hoping to get a letter from the Planning Authority confirming lack of Planning Permission. Will this be attached to the WS or is there a better time to bring it out?



  • SeaCastle
    SeaCastle Posts: 12 Forumite
    Please could you take a look at my Defence statement. I would appreciate any comments as I am running out of time. I hope to submit it tomorrow.


    Thank you
  • SeaCastle
    SeaCastle Posts: 12 Forumite
    Hello I just wondereed if anyone could have a quick look at my defence Statement I need to get in ASAP.
    Thank you
  • Any advice on the Defence Statement I am on my last day.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    It worries me when I see the two words Defence Statement

    One , because it should not have the word Statement , just Defence

    Two , because it means an old defence was used as the template and so may be out of date , incorrectly worded and information in it that has nothing to do with the defendant or their case

    Proof read it , remove that word at the start , make sure it has addressed the POC , ensure that it questions landowner authority and poor signage etc , plus add abuse of process paragraphs if the claimant has added spurious charges, which most do

    It is definitely not numbered correctly , with some numbers duplicated and some numbers missing completely
  • SeaCastle
    SeaCastle Posts: 12 Forumite
    Thanks for the comments. I have amended it and sent my defence via e-mail, as advised.
    I have removed my post so as not to mislead anyone else regarding defence 'statement'.
  • SeaCastle
    SeaCastle Posts: 12 Forumite
    Just to be certain. I presume there is no need to fill in the MCOL defence form now that I have e-mailed the defence as a PDF????
    I have just included the 'statement' no other paperwork or forms filled in.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    All they want is a signed and dated defence document, which you have emailed as an attachment

    Nothing else is required and nothing needs to be sent by post either

    When the DQ arrives from the CCBC in Northampton , fill it in and sign it , email to the CCBC same as the defence was sent

    Post your final draft defence below , in case it's needed to help you in the future

    No personal info though , so redact the personal details , VRM and reference etc
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