BW Legal LoC

KeithP

not_the_messiah wrote: »

Finally received my court papers...

Are we to assume from this that you have received a Claim Form from the County Court Business Centre?

If so, what is the Issue Date on that Claim Form?

not_the_messiah

Umkomaas wrote: »

Legally qualified expert bargepole has provided a 'What happens when' advice in the NEWBIES FAQ sticky, post #2 to guide you through the stages of dealing with a formal claim.

Thanks. I have been reading that, but wasn't sure whether I needed to get everything done before I send in the N9B

Umkomaas wrote: »

For what reasons and how much are you seeking to counterclaim?

I've seen other cases where the scammers have discontinued the case and it has been recommending to pursue for costs etc. I was just wondering if I should put anything to that effect here, along with compensation for stress or whatever.

Umkomaas wrote: »

Evidence comes much later in the process at the Witness Statement stage. It does not go into you Defence.

Noted. So just the Defence I need to worry about for now. I'll read up on a few and post it up here when done.

Umkomaas wrote: »

A long way off at this stage. The NEWBIES FAQ sticky, post #2 includes links to a number of WS, so read plenty of those which will give you ideas on how to frame yours. If you weren't the driver you can confidently say so (especially if you have proof) and if the PPC has failed to meet the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you should be in a strong position. You haven't told us whether they have or not.

It was my better half that was driving at the time. The only proof I could get is a signed witness statement, but there might be issues in getting that as said person is not that happy that I have chosen to contest the fine! The PPC have only ever written to me regarding this matter.

KeithP wrote: »

Are we to assume from this that you have received a Claim Form from the County Court Business Centre?

If so, what is the Issue Date on that Claim Form?

Correct, apologies for not being clearer. The Issue Date is 20th November.

KeithP

not_the_messiah wrote: »

The Issue Date is 20th November.

With a Claim Issue Date of 20th November, you have until Monday 9th December to do the Acknowledgment of Service. If possible, do not do the AoS before 26th November, 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 Monday 23rd December 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.

Coupon-mad

Costs are not a counterclaim!

I can apply for 28 days to prepare my defence - assuming that is worth doing?

Always, not least due to the added £60 being unrecoverable. Read CEC16's thread.

Can you show a readable copy of that sign as it's blurred? I am wondering if it even offers a contract to non permit/holiday home-using drivers.

Because if not, then nothing has been offered and there was no contract at all.

KeithP

Coupon-mad wrote: »

Can you show a readable copy of that sign as it's blurred? I am wondering if it even offers a contract to non permit/holiday home-using drivers.

There's a readable sign in post #14 - if that's the one you are looking for.

Coupon-mad

The yellow sign...I couldn't see a link showing what that one says?

not_the_messiah

Coupon-mad wrote: »

The yellow sign...I couldn't see a link showing what that one says?

My mum lives down there, I'll get her to take a better picture for me.

Coupon-mad

It's vital to know (and no typing it out, please, people always transcribe it wrong).

not_the_messiah

Close up shot of the yellow sign: yellow sign

Coupon-mad

Brilliant, so it just says 'PRIVATE PARKING FOR COTTAGE'.

What does that smaller writing along the bottom say, exactly?

I see no terms, no offer, no threat of any parking charge for breach, no explanation whether 'Cottage' means a residence, local pub, Indian Restaurant or whatever, and nothing about any contract. That is not a contractual sign.

Then if you look at the red signs, surely the driver didn't breach ANY of those terms either?