CCJ claim and already submitted a defence that from reading this forum was not adequate

stubborn_sam

I've been dealing with a parking fine for a private space whereby the signage was at the far end of the car park and most surrounded by neighbouring business adverts where is was impossible to see from a vehicle.
The stage I'm at is that I've already submitted a defence to the claim and now the legal representative for CPMS have said they are continuing with the claim. I have had a letter "notice of proposed allocation to the small claims track" offering me mediation and also a separate letter from their legal team saying its not too late to make payment to them to make it go away 

Reading this forum I' realise my defence was too weak. I feel I have a strong case against my parking fine
Can anyone advise of how I can turn this around, if at all possible?

Coupon-mad

Yes - same as this one on page one today...
https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p1
She went from:

Not sure on which way I need to go with this as I filed my defence with the court a couple of months ago and unfortunately never read through these first, I just panicked as I had not heard from them for years and all of a sudden I was being taken to court, can I add to my defence when I get my court date? will they accept extra evidence I can give?

And if you read her thread, she is preparing now, to send a Witness Statement and shedloads of evidence to rescue it.

You certainly will NOT be trying Mediation (awful waste of time and bullying of Defendants to settle).  no worries, start gathering evidence for WS and evidence stage to turn this around.

Out of interest, does the Allocation letter already appoint your local court and does the letter tell you to send the DQ to your local court and not the CCBC?  I've seen one today for the first time that follows a new process of asking a D to send their DQ to the local court.

What does yours say, please, as we need to amend the advice if this is the new method used by the courts.

Also how much are they trying to extort from you and which Solicitor, Gladstones?

stubborn_sam

@Coupon-mad Thank you so much for your instant reply. I will read that thread now as I hadn't seen it myself.
BW Legal is the solicitor and they want a payment of £242.68
The allocation letter does not appoint a court and still only has a mention of the CCBC. They want the DQ filed with the CCBC

KeithP

The allocation letter does not appoint a court and still only has a mention of the CCBC. They want the DQ filed with the CCBC

In that case when completing the Directions Questionnaire follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Items 7 onwards in the list therein.

Coupon-mad

Maybe the one I saw was different, due to the fact it includes a hefty counterclaim, LOL!

stubborn_sam

KeithP said:

The allocation letter does not appoint a court and still only has a mention of the CCBC. They want the DQ filed with the CCBC

In that case when completing the Directions Questionnaire follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

Items 7 onwards in the list therein.

Thanks, I'm reading through this now.

stubborn_sam

UPDATE:
I've filled out the DQ according to the post you directed me to and ensured I selected no mediation and to select the court near me I also ensured it reached them before the date they requested. 
As mentioned I submitted the defence before this procedure that was not adequate and would have been different had I found this forum earlier. Do I get a chance to correct my defence and include photo evidence?
thanks

Redx

yes and no

eventually you get to file a witness statement , include your exhibits (evidence) and file a schedule of costs as well

that newbies thread does tell you what happens and when

what you dont get (unless you pay a lot of money) is the chance to alter or amend your submitted defence, not unless you pay up front or a judge directs it at some point in the proceedings, so ideally your WS addresses the failures and expands on the details , plus adds your evidence like photos etc

KeithP

stubborn_sam said:

Do I get a chance to correct my defence and include photo evidence?
thanks

No, not to correct your Defence, but you do get an opportunity to provide a Witness Statement and evidence a little later.

Have another look at bargepole's 'what happens when' post that you read earlier when completing your DQ. It explains... errr... what happens next.

stubborn_sam

Wow super quick replies. Thank you both I will read over that post again and find the relevant information
I can't stand the tactics of these parking companies and don't want them getting away with it.

cheers

Redx

neither can we , which is why we have volunteered here for many years since we first found out the same thing

until the government make the changes , nothing will change

but your case isnt about parking , its about court procedures for the small claims court , parking contracts are just a small aspect of it , its what caused this to go to court , court is the sledgehammer trying to crack the nut