BWlegal - county court business centre letter - HELP

physiodoc3

hi Keith,


Thanks for your response. I am very sorry I just can't seem to find anything that says anything about Noptice of proposed allocation to the small claims track. The court has sent me the DQ to fill in and I am assuming I just go ahead and fill it in? I have looked in newbies section under #2 but cant seem to find anything..

KeithP

You need to be reading Bargepole's 'what happens when' post that is linked from post #2 of the NEWBIES thread.

That Bargepole thread tells you explicitly how to answer every question on your DQ.

You really need to look at all the linked information when looking for answers.

physiodoc3

Hi Keith,


Many many thanks again. I have managed to find Bargepoles posts and followed the instructions on how to fill in the form. It was difficult to find it without your direction towards Bargepole. There is a lot of information there and can be a little overwhelming.
thanks again.

physiodoc3

Latest.


So the latest is that I have received a letter from the courts saying that they will send me a letter to inform me what date my court hearing will be. I will have to go to court and fight the battle..to remind everyone it was parking in a private car park and staying over for about 15minutes or so.
So I better prepare.

KeithP

Did that letter also tell you what date you had to supply 'documents you intend to rely on'?

You need to be thinking about your Witness Statement and evidence now.

physiodoc3

no the letter just said that the claim has been transferred to county court hearing for allocation. on receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's direction will be sent to me in notice of the allocation.
They court already has my defence letter.
I better start thinking about my evidence etc.

waamo

physiodoc3 wrote: »

no the letter just said that the claim has been transferred to county court hearing for allocation. on receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's direction will be sent to me in notice of the allocation.
They court already has my defence letter.
I better start thinking about my evidence etc.

A top tip. Study the Newbies thread like your life depends upon it. There is a whole bunch of information there that will enable you to see this through.

Yes it's a bit of hard work but given you seem to have another claim potentially happening it will make your life easier in the long run.

Coupon-mad

There is really no need for updates as all these letters should be expected and you know to await the one that tells you about the hearing an when to get your WS & evidence in.

It will need to be better than the defence because ages back I told you:

If this was a pay & display site and you paid for an hour, simply search the forum for NCP HMRC green button defence

Instead you wrote a defence that didn't have ANY of the wording that you would have found from that search, and talked about mitigating circumstances.

You missed a trick & your defence is weaker than it should have been, given all the resources here. I will try again to point you to the right threads:

Read the NCP 0 Taxman 1 thread for wording to add, that I wrote there about the Court of Appeal holding that the contract in an NCP PDT machine car park starts NOT when the car drives in, but when the green button is pressed when paying at the machine. A few posts into it, I wrote something for WS stage.

You need a combo of that, and citing the BPA Grace periods and 'observation period' stuff using Kelvin whatsisname's BPA article*) and the latest edit to post #14 of the abuse of process thread (that part can be done as a Supplementary WS, for neatness, to keep the 'excessive inflated costs' argument separate).



* search the forum for Kelvin

physiodoc3

Latest update before court hearing

Hello. Latest update the courts have issued a date for hearing in March 2020. They are asking to consider mediation.
Also in the meantime NCP bwlegal have sent a letter asking for a settlement saying they wouldn’t accept £180 as opposed to the £255 plus that they requested before.
Obviously not going to accept want to fight all the way. What do you guys think ?

physiodoc3

Sorry I mean they said they would accept £180 reduced amount.