£400 court claim arrived - PCNs never received

beamerguy

buzzerbee wrote: »

Hello all,

An update following the submission of defence... A letter from BW Legal has arrived to say they wish to proceed with the matter. The letter states they are 'confident the court will find in their favour' and it is 'likely a CCJ may be entered against you'. Obviously trying their scare tactics again.

Just to clarify though, *if* the court find in their favour and *if* I need to pay their client's costs, how much is this likely to be?

@Umkomaas gave a helpful example of costs earlier in this thread:

"£100 PCN
£25 court filing fee
£25 hearing fee
£50 claimant solicitor costs (capped maximum)
£x - small amount of interest."

But we have moved counties since the incident occurred - does the capped £50 still apply or could I be liable for their solicitors travel costs, accommodation, etc.?

Very surprised that BWL have not sacked the person who writes this rubbish.

BWLegal can hardly be confident given their ABUSE OF PROCESS and the rubbish cases they bring to court ..... wishful thinking indeed ?

If you lost which is very doubtful, only a judge can decide on a CCJ and even then if you pay on time as per the courts instructions, there is NO CCJ. BWLEGAL RUBBISH SCARE TACTICS

You select the court nearest to you. The Small claims court is just that and very very doubtful a judge would award such high expenses.
You on the other hand can claim your costs when you win which currently is about £95

RobinofLoxley

But we have moved counties since the incident occurred - does the capped £50 still apply or could I be liable for their solicitors travel costs, accommodation, etc.?

It doesn't matter where you are, the fixed costs in respect of the claimant's legal representative's charges are set by CPR 45 at £50 for small claims between £25 and £500, they are the maximum allowed for legal costs at the small claims track.

buzzerbee

UPDATE!!! : )

After a few months of waiting for a court date we have received a letter from our local County Court to say that the District Judge has ordered the claim be struck out!

However, the letter also says the claimant has permission to 'file and serve an amended and fully particularised claim' by Feb 14th, if not then the claim shall be finally struck out.

Can we expect to hear any more from this? Do claimants continue to push their case in this instance? Unsure of whether to celebrate quite yet...

Coupon-mad

Sounds good, but yes I would anticipate BW Legal not letting that lie.

Same court as this one? Which Judge and court?

https://forums.moneysavingexpert.com/discussion/6068025/civil-enforcement-limited-court-claim

buzzerbee

Not that court, but not far away - Judge Hebblethwaite at Swindon.

Fingers crossed.

Coupon-mad

Same court area I suspect! Maybe they've had enough of this dodgy industry!

buzzerbee

Hi all, hope this finds you well.
After a long wait I have received a letter granting me permission to send to the court (and Claimant) any amended defence by Oct 14. The matter will then be referred to DJ for further directions.
I would like to add a few points to the defence statement, but am unsure as to whether my points belong in the defence or should wait for the witness statement.
Basically I would like to clarify that the car was being used for a (heavily pregnant) learner driver to practice bay parking. The car was never left and was never 'parked'. The 2x visits lasted just 20 minutes each, during which the car was in motion with the engine on. 
Are these facts I should add and/or make clearer in the defence statement?
Thanks in advance.

Umkomaas

Basically I would like to clarify that the car was being used for a (heavily pregnant) learner driver to practice bay parking. The car was never left and was never 'parked'. The 2x visits lasted just 20 minutes each, during which the car was in motion with the engine on. 
Are these facts I should add and/or make clearer in the defence statement?

Are you serious?  What would you say if learner drivers were regularly using your drive for reversing practice?  Private car parks aren't there for learners, you might have got away with it previously, but not now. Unless of course, the signage said, free access for driving practice. 

Your argument, in my view is suicide. Why do you think a Judge should have any empathy for your case. A heavily pregnant learner driver is, I'm sorry, of absolutely no relevance. 

buzzerbee

The car park is a scrubby area of tarmac with no barrier or gate to go through, no walls/fence, no lighting or any other features. It looks (or looked, it is no longer there) like a rough bit of tarmac with a few lines painted on it. At the time the learner driver lived in a very built up area with no access to nearby bays to practice without driving a long way from home, this was the closest location. It simply did not look like a private car park. 
I am concerned by not mentioning why the driver visited the carpark, the DJ will be confused as to why the car entered the carpark for 2x 20 minute stays but did not actually stay parked.

Umkomaas

Do as you wish. I give advice just once, I'm not here to defend it.  Take it or leave it. It's your choice ultimately. 

If you're not happy with it, see if others have any alternative suggestions.