NCP PCN/BW Legal

nosferatu1001

Active. 

The defendant was informed by the driver that, in common with the drivers previous visits, payment was made on exit and the amount paid exceeded the tariff required. Evidence from the payment machine sill be provided

Louyhan

KeithP said:

Louyhan said:

I have recently received my claim form dated 15 Dec 20. I have submitted an AOS on 21 Dec 20...

With a Claim Issue Date of 15th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's less than a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Can I just clarify before I submit my defence? The defence template only requires me to amend #2 and 3, the rest of it stays in there as it is?
Thanks

KeithP

Louyhan said:

KeithP said:

Louyhan said:

I have recently received my claim form dated 15 Dec 20. I have submitted an AOS on 21 Dec 20...

With a Claim Issue Date of 15th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th January 2021 to file your Defence.

That's less than a week away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Can I just clarify before I submit my defence? The defence template only requires me to amend #2 and 3, the rest of it stays in there as it is?

That's right.

Louyhan

Hi

I now have a court date and am required to submit the evidence I am relying on in court. Aside from the SAR evidence showing payment was made, is there anything else I should submit? As I am using the POFA non compliance, do I, and how do I, evidence this?
TIA

Umkomaas

Louyhan said:

Hi

I now have a court date and am required to submit the evidence I am relying on in court. Aside from the SAR evidence showing payment was made, is there anything else I should submit? As I am using the POFA non compliance, do I, and how do I, evidence this?
TIA

You need to develop your Witness Statement. The NEWBIES FAQ sticky, second post, has links to examples. 

I thought you would have been ready for this from reading the forum in the three months since your last post - it is an inevitable part of the process, and you are clearly behind the curve. Snooze and you lose, the forum can't fill in all the gaps from any lack of research and preparation. 

Coupon-mad

Have you stopped reading the sequence of advice and examples in the NEWBIES thread?  That's where you go first at every stage.  You are at WS stage.

Louyhan

Coupon-mad said:

Have you stopped reading the sequence of advice and examples in the NEWBIES thread?  That's where you go first at every stage.  You are at WS stage.

That's great, I have read through everything, I was just making sure I wasn't missing anything. Thank you for your prompt reply. 

SayNoToPCN

What is your deadline to file and serve on all parties?

Louyhan

Hi,

Just wanted to update you. Had a phone call from BW Legal this morning informing me that they are issuing a discontinuance of claim and will no longer be taking me to court, which is a weight off, even though I know I was in the right! They assure me a letter is on the way so I will make sure I have it in writing too! A little annoying given the effort taken to defend it and I am going to see if I can still claim costs regardless. A big thank you to all who post advice on here, it really is invaluable and your time is much appreciated. It's funny as when I was younger I quite fancied studying law, however, after the little insight I have had, think I'll stick to nursing! 

Le_Kirk

Well done, a win; you are right to wait for the letter (and from the court as well) before celebrating (too much).