County Court Claim Form Received

kingofsting

BW Legal just called me to discuss the submission of my WS!!

I didn't show my hand but I did explain I was close to submitting a comprehensive pack to the court, which I would forward them via email on deadline day.

They claimed to have proof I was driving (they don't, of course, because I genuinely don't know myself!) Their 'proof' is a letter sent by my MP to Premier Parking where he incorrectly stated

"Mr ******* parked".

I've checked the email I sent my MP and it's apparent he misinterpreted what i actually said:

"On 2 August 2014 my partner, now wife, and I parked at Branscombe Beach Car Park”

I wasn't planning on using my email to my MP as evidence but I guess I now should (thanks to BW for the heads up!)

Is this OK to add this my WS??

9. I also wrote to my MP to report harassment and an Abuse of Process; in my communication I stated “On 2 August 2014 my partner, now wife, and I parked at Branscombe Beach Car Park”. My MP, in turn, wrote to the Claimant, having misinterpreted my communication by, stating “Mr ****** parked”. I understand the Claimant is relying on this misinterpretation as ‘evidence’ of the driver. I have attached a copy of the email I sent to my MP as Exhibit A.

I did tell BW that it was merely as misinterpretation by my MP and that if that's all they had to go on I'm looking forward to the hearing even more - I told them I wasn't initially going to add my email to my MP as evidence but that i will now...

nosferatu1001

Indeed, include it in there. Seems fine.

Coupon-mad

Hahaha, BW Legal are so darn stupid they helped you patch a gap in your WS! :T

Umkomaas

They claimed to have proof I was driving (they don't, of course, because I genuinely don't know myself!) Their 'proof' is a letter sent by my MP to Premier Parking where he incorrectly stated

But unless their Notice to Keeper failed to meet PoFA requirements, it's rather irrelevant who the driver was, the keeper is liable. I don't see anything in your Defence which questions the validity of the NtK. Arguing whether or not the keeper was the driver is rather moot.

kingofsting

Umkomaas wrote: »

But unless their Notice to Keeper failed to meet PoFA requirements, it's rather irrelevant who the driver was, the keeper is liable. I don't see anything in your Defence which questions the validity of the NtK. Arguing whether or not the keeper was the driver is rather moot.

Hi Umkomass, I've updated my paragraph relating to the NtK - is this sufficient please?

The initial, Notification to Keeper, letter allegedly sent by the Claimant on 3 September 2014 fails to comply with the requirements of the POFA 2012, Schedule 4. The Claimant fails to: 1. Confirm the specific period of parking to which the notice relates. 2. Inform the keeper of any discount' offered for prompt payments. 3. Provide the full number of days warning the Act demands. 4. Specify the period of parking and describe the charges and circumstances in which they arose. Evidence is attached as Exhibit C with relevant extracts highlighted.

Exhibit C shows a compare and contrast of the number of days warning as you kindly recommended before. I have also highlighted relevant PoFA paras to demonstrate how numbers 1, 2 and 4 above haven't been adequately covered

seem ok?

Coupon-mad

Yes, looks good.

Umkomaas

kingofsting wrote: »

Hi Umkomass, I've updated my paragraph relating to the NtK - is this sufficient please?

The initial, Notification to Keeper, letter allegedly sent by the Claimant on 3 September 2014 fails to comply with the requirements of the POFA 2012, Schedule 4. The Claimant fails to: 1. Confirm the specific period of parking to which the notice relates. 2. Inform the keeper of any discount' offered for prompt payments. 3. Provide the full number of days warning the Act demands. 4. Specify the period of parking and describe the charges and circumstances in which they arose. Evidence is attached as Exhibit C with relevant extracts highlighted.

Exhibit C shows a compare and contrast of the number of days warning as you kindly recommended before. I have also highlighted relevant PoFA paras to demonstrate how numbers 1, 2 and 4 above haven't been adequately covered

seem ok?

Sorry, I've been out all day, so only now able to respond.

Looks excellent. Well done.

kingofsting

Great, just CE16’s Order to add (hopefully) before I submit to the court on Monday afternoon ����

Coupon-mad

Actually I would use one of the orders from DJ Joseph at Warwick, as he says a lot more useful stuff. I've seen the order from DJ Grand and it just says the application by Britannia (filed by BW Legal) was dismissed and he got his costs.

kingofsting

Coupon-mad wrote: »

Actually I would use one of the orders from DJ Joseph at Warwick, as he says a lot more useful stuff. I've seen the order from DJ Grand and it just says the application by Britannia (filed by BW Legal) was dismissed and he got his costs.

Thanks - I used both in the end; submitted to the court on Monday

I've since received the Claimants WS; on the email it says:

I attach by way of service my client’s witness statement which will be relied upon at the forthcoming small claims hearing. A copy of the same has been filed at court.

Notice is hereby given pursuant to CPR 27.9 (a) & (b) that my client will not be in attendance at the hearing and wish for the Court to decide the claim in their absence. Please note that my client will be represented by an advocate.

What to do next

As you are aware we have now made several attempts to contact you to try and discuss an amicable way forward.

Unfortunately a settlement has yet to be achieved and we are therefore now preparing for the final hearing in which we shall ask the court to award our client a County Court Judgment against you for the balance outstanding.

Our client remains willing to resolve matters with you on an amicable basis. It is important that you telephone our office, on the above number, as a matter of urgency to discuss the options available to you.

If you are in any doubt about the content of this letter and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice. On the reverse of this letter is a list of some free Debt Management Companies that are available to help, alternatively you can obtain legal advice from a Solicitor.