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Help with County court claim

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Comments

  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
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    Did the order tell you by when you must submit your witness statement and evidence?  Writing that is a good way to refresh your memory.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 24 September 2021 at 9:40AM
    All it means is a date has been allocated , a slot in the 2022 calendar , it does not mean it's going to court , yet. It's all perfectly normal practice and you should have known it was going to happen because it's the next step in a long process

    Read both sides of the court order carefully , it should specify how long before the hearing you exchange by email WS plus exhibits etc , plus email copies to the court too , your bundles ! Possibly 4 weeks before the hearing ?

    It should also specify a date that the claimant must pay the hearing fee too

    A lot to do before you can say it's definitely going to court , it may get discontinued at any time between now and April , nobody knows

    Your research includes , the telephone hearings thread by coupon mad , the Defence template thread , first post , with the 12 numbered steps where you are only halfway through , the what happens when post by Bargepole too

    Plus reading all completed cases over the last 20 months and also any completed cases over the next 6 months too , to understand the process , read the epilogues etc
  • Just another update. Last week I got a letter from BWlegal to pay in installments and if I don't reply by a certain date ect. And today I received another massive 30 pages from them in great detail about my claim. I will go through this properly in due time. I just thought I'd update this forum. 
  • Trainerman
    Trainerman Posts: 1,329 Forumite
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    edited 18 October 2021 at 10:50AM
    leighross said:
    Just another update. Last week I got a letter from BWlegal to pay in installments and if I don't reply by a certain date ect. And today I received another massive 30 pages from them in great detail about my claim. I will go through this properly in due time. I just thought I'd update this forum. 
    I am not one of the real experts on here, I am sure they will be along. However, this does strike me as a scaring or 'fishing' letter. If you already have your court date, and have filed a defence, it seems more that they are trying to scare you into giving way. If I were in your position, I would take a deep breath re-read what I need to read and make sure that I am/have followed all the steps in the right time and in sequence. That 30 pages is probably an attempt to 'blind you with bumph'
    The pen is mightier than the sword ..... and I have many pens.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 18 October 2021 at 2:19PM
    The 30 pages sounds like their WS and evidence.  Done yours yet?  We did ask you to check the Orders for the deadine
    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
  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
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    I would not be agreeing to any sort of payment plan.  It appears you have received the claimant's witness statement, quite normal if a hearing is coming up, even if there is no date yet.  As stated above, they could be trying to scare you into paying.
  • leighross
    leighross Posts: 79 Forumite
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    Good morning it has been a while and I have received a folder containing the same information I've already received. Now I have a hearing on 21/04/2022 at 14:00
    I have been reading up and have come across website saying that the government is capping private parking fines at £50. I believe the court it via a telephone call and not actually face to face as thats what is says on the letter. I will be getting hold of County Court at Bedford to confirm all of this. 
    Any last words of advice? 
    Many thanks 
  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
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    Your Notice of Allocation should detail exactly how the hearing will take place.  If it is video call or telephone call, there should be instructions as to how to "join the call".  Have you previously submitted your witness statement and evidence?  Don't hang your hat on the "capping at £50" as that will not happen until next year BUT judges can be at least persuaded to remove the false "admin" costs (should you lose) as the Government have said it is extortion.  Here is a >>>>> link <<<<< to the new Code of Practice, it is long but well worth a read.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 13 April 2022 at 1:48PM
    I have been reading up and have come across website saying that the government is capping private parking fines at £50.
    Yes, and we were instrumental in shaping that new Code.  But that part of the new rules doesn't help you because it's obviously not retrospective.

    I do hope you filed and served your WS and evidence? It worries me that you didn't reply to my question about that over 6 months ago.  And that you haven't been back here in between, because we've been talking all about the new Code and our involvement:

    https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework

    I am not asking about your defence.  Did you file and serve a WS and evidence, as the Notice of Allocation required you to do xx days before the hearing?
    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
  • leighross
    leighross Posts: 79 Forumite
    Fourth Anniversary 10 Posts Name Dropper
    To answer your about a WS and evidence, no I haven't. I probably haven't got a leg to stand on. I've never done this before and don't know the procedure. I know you've told me but using terms like WS and evidence when clearly I should have just paid and read into it more but it isn't easy and I don't really get alot of free time. 
    I wanted this post to stay current and also for anyone else going through this process to come and have a read to know what to do. 
    It is a week away, so I'm guessing I cant do a witness statement like BWLegal have from someone, and I don't have any supporting evidence like they have with pictures of my car and me in it 😂 

    I'm just preparing I guess for a learning ball in my life 
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