Defence Deadline Help Please

KeithP

Familyguy28 wrote: »

Hi All,

I have another question...

If I lose in court and a CCJ is issued against me - I am currently in the process of saving to buy a house and will be shortly applying for a mortgage. Will this be impacted by the court case? Or will it not be affected as long as I pay the CCJ within the timeframe required?

Thank you again.

The latter.

Familyguy28

Thank you

Familyguy28

Good evening all,

My 'Notice of Proposed Allocation' states that i must complete the Small Claims Questionnaire by 10th October - does this mean I have to email it to the same address as my defence by 4pm on the 10th?

Also, as KeithP stated above that i have to send a copy to the Claimant - Does his have to reach them also by the 10th or can they receive a copy in the post?

Also, if i lose the case in court - will i be ordered to pay BW Legal's Fees?

Apologies, i'm fretting over this as you can probably tell...

Appreciate all the help so far.

KeithP

Familyguy28 wrote: »

Good evening all,

My 'Notice of Proposed Allocation' states that i must complete the Small Claims Questionnaire by 10th October - does this mean I have to email it to the same address as my defence by 4pm on the 10th?

Also, as KeithP stated above that i have to send a copy to the Claimant - Does his have to reach them also by the 10th or can they receive a copy in the post?

The answer to both those questions is: yes.

Familyguy28 wrote: »

Also, if i lose the case in court - will i be ordered to pay BW Legal's Fees?

Yes, but they are strictly limited. Total bill if you lose - around £200.

Ah... just seen that there are two PCNs. Should be less than £300 total.

But that's enough talk about losing...

Familyguy28

Hi again All,

Further to the previous... I have not submitted a SAR - is it too late to do this now i am at DQ stage?

Also.... a development in the situation - the 'parking area' has now been taken over by a different company who have erected new signage. This has happened in the last couple of weeks and the new company are called PCM (UK) LTD - Does this affect my case?

Thank you again.

Redx

never too late to issue a SAR

the new changes are largely irrelevant to your case

your case depends on the issues and signs etc on the day, not recent changes

Familyguy28

Hi Keith,

Apologies - so does the Claimant have to receive it in the post by the 10th?

I'm anxious as to whether it will get there in time.

Ahh ok thank you, so worst case scenario - £465.48 plus around £200 fees?

KeithP

Familyguy28 wrote: »

Ahh ok thank you, so worst case scenario - £465.48 plus around £200 fees?

No no.

Worst case = £300 total for two PCNs.

See my edit to my earlier post.

Redx

£465.48 plus around £200 fees?

not for 2 parking charge notices

here is the breakdown for one

£100 - original parking charge
£25 - court filing fee
£25 - hearing fee, if it gets that far
£7 or £8 interest.
£50 - solicitor costs for preparing case papers (maximum, capped) - where applicable

So not much more than £200 - IF YOU LOSE!

Anything else they try to add will be spurious and must be challenged with the Judge.

IF YOU WIN - none of the above will be payable by you. But you could claim:

£95 capped maximum for loss of earnings/annual leave for half a day (take pay slips for proof)
Travel costs - public transport or mileage x 45p per mile
Parking costs.

If the PPC has been wholly unreasonable in dealing with the court, then costs awarded against them could be considerably more, but the bar is set very high. We would advise nearer the time if we think this is worth you pursuing.

add on another £100 for the second pcn and you get a total of £300

KeithP

Familyguy28 wrote: »

I'm anxious as to whether it will get there in time.

Send it anyway. Why on earth has it taken you so ling to fill in a simple little form?

A rhetorical question, but people leaving everything, including the simple tasks, to the last minute is disappointing.