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Newbie Defense Draft

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sounds great, which court?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Did you report them to the DVLA and their ATA as told in November?

    YES this is good news - what is their deadline? Dont hide stuff like that!

    Court would be very useful to know, to add to our list of "we've sussed you" places!

    What is YOUR deadline to file and serve an amended defence? File and Serve means - file with court, serve on claimant.
  • triumphdan
    triumphdan Posts: 13 Forumite
    10 Posts
    edited 8 January 2020 at 11:46PM
    Torquay & Newton Abbot County Court.
    Judge Taylor.

    I have a open complaint (regarding PP ticketing on the council land) with the BPA, the deadline was just before Christmas and they messaged me saying they were extending the deadline because of Christmas.

    They have to file by 17th Jan
    I have to serve by 31st Jan
  • triumphdan
    triumphdan Posts: 13 Forumite
    10 Posts
    BW Legal, WHAT A JOKE!
    So, I have just sent off my witness statment and all my evidence.
    I have just received my pack from BW Legal their final particulars.
    Had a quick scan of them and they have added 3 pcn's from the other case they previously dropped on 13 /11.This has changed the amount they are requeating from me.
    I have not been given the opportunity to defend this.
    Advice please! Do I phone the court and ask them to look into it or do I need to do something else?
    My case is in court at the end of July.
    Thank you :):smiley:
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Shhhhhhhhh!!!!!!!!
    https://www.lawgazette.co.uk/law/solicitor-under-no-duty-to-flag-up-opponents-mistake-rules-coa/5070589.article

    Did you have to file your WS and evidence in March, for a July hearing?  That's very early.
    Did you yet put in your Summary Costs Assessment, if not then wait till nearer the hearing then put in a mahoosive amount - all your costs and your time at £19 or more if you earn more, per hour - for wholly unreasonable conduct.

    Be ready with a list of the unreasonable conduct, to pounce at the hearing.



    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • triumphdan
    triumphdan Posts: 13 Forumite
    10 Posts
    Did you have to file your WS and evidence in March, for a July hearing?  That's very early.
    Did you yet put in your Summary Costs Assessment, if not then wait till nearer the hearing then put in a mahoosive amount - all your costs and your time at £19 or more if you earn more, per hour - for wholly unreasonable conduct.

    Be ready with a list of the unreasonable conduct, to pounce at the hearing.

    Yes my file deadline for WS and evidence is today (9/3) at 4pm. Yes the hearing is 3rd week in July.
    A very long wait :(
    I have not yet put in a Summary Costs Assessment.
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
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    edited 9 March 2020 at 2:25PM
    OK you have ages to do that, a Summary Costs Assessment can be filed the week before the hearing if they don't realise their errors and discontinue!  I think they will, between now and July.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    "Had a quick scan of them and they have added 3 pcn's from the other case they previously dropped on 13 /11.This has changed the amount they are requeating from me."
    So to be clear - they discontinued a claim against you? Or just cancelled the tickets?
    can you prove this? (documents) - if so I would take them with you on the day. I dont think you have to tell them they have messed up, SO badly, and you shold raise it as an urgent matter at the start. State you have been *ambushed* by the claimant apparently re-pleading and expanding their claim as part of their WS, and you are seriously disadvantaged by this. Additionally, the PCNs.... were the subject of proceedings that were discontinued *by this legal firm* on X date, heres a copy of the notice of discontinuance and a copy of the claim showing that these PCNs have already been dropped
    You are distressed at this behaviour 
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If there was ever evidence of conduct that 'permits of no reasonable explanation' and reaches the high bar for costs on the indemnity basis as per Dammerman, this case has it.

    https://www.3pb.co.uk/content/uploads/Dammerman-v-Lanyon-Bowdler-Joseph-England-May-2017.pdf
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • triumphdan
    triumphdan Posts: 13 Forumite
    10 Posts

    So to be clear - they discontinued a claim against you? Or just cancelled the tickets?
    can you prove this? (documents)
    BW at the start put in 2 cases against me. One for £2500ish and the other for £1000ish. When I defended them both I pointed out this was a wast of the courts time and should be delt with as one case. Then on the MCOL it said "Notification that the claim against you was discontinued was received on 13/11/2019 at 19:07:12".
    The other case was allocated to the court. The court made an order for BW to produce better particulars. I recived a massive pack of pointless pictures and waffle. A hearing date was set and I sent in my WS. Then recived the final pack of particulars from BW and 3 of the PCN's from the discontinued case are now in it. I have had no chance to defend against these extra 3 and it's changed the amount of money they are requesting from me!

    The only proof I have is the fact I never recived anymore regarding this case and what the MCOL still says.
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