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Should I just pay? (BW Legal - Intent to Proceed after defence submitted)

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  • Coupon-mad
    Coupon-mad Posts: 151,888 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 October 2020 at 3:34AM
    Widdz22 said:
    Sorry to add to this thread. 
    I'm in a pickle about what to do.
    I've recieved a letter from the rodents (bwlegal) from a ticket I had in August 2016. Only just heard from them now for some reason. From what I have been reading am I right in thinking that the £60 debt recovery fee is unjust and that if they take me to court this will get thrown out because of this?? The original ticket was for expired ticket in the hospital as my son's appointment over ran. Car park managed by ntc (norfolk traffic control).
    Thanks
    You haven't started your own thread yet?  Please read the NEWBIES THREAD and win this case.  Easy enough if you read the right stuff and start your own new thread after reading the sticky advice at the top of the forum.   

    No, it won't be struck out due to added £60.  You will likely win though, and no-one pays £60 unless they don't know how to defend that point.  Which you will...
    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
  • Alfie_79
    Alfie_79 Posts: 24 Forumite
    Fourth Anniversary 10 Posts
    Well, talk about taking your eye off the ball. I completely forgot about this and now I have about 10 days till court. Sorry I stopped contributing to this thread. I'm sure I'll be ok but if anyone has any last minute advice, guidance on what I need to do to prepare for my day in court (even though it's being done over the phone)?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Have tiny fully complied with every order from the court? Can you prove it?
  • Have tiny fully complied with every order from the court? Can you prove it?
    ?? Are you using a mobile device with autocorrect going bonkers? :)

    Good point though ... the OP should read again all court orders received to ensure that all requirements have been met. One such requirement is possibly about a combined bundle, whereby the Claimant is likely liable for submitting this to the court and copying to the Defendant. (If this is the case then the OP will need to carefully check the combined bundle to ensure it has all their defence/WS included, and that it has not been doctored in any way - such as printing and scanning photos/images to degrade their quality).
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Have you, was the meaning there lol

    indeed. Double check all orders. No assumptions, unless an order explicitly is overrides then it is live and must be complied with. 
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Alfie_79 said:
    Well, talk about taking your eye off the ball. I completely forgot about this and now I have about 10 days till court. Sorry I stopped contributing to this thread. I'm sure I'll be ok but if anyone has any last minute advice, guidance on what I need to do to prepare for my day in court (even though it's being done over the phone)?
    If you have 10 days until the hearing, have you previously filed and served your witness statement, evidence and summary costs assessment?  This normally has to be done within 14 days of the hearing (or sometimes the court gives  a specific date).
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Alfie_79 said:
    Well, talk about taking your eye off the ball. I completely forgot about this and now I have about 10 days till court. Sorry I stopped contributing to this thread. I'm sure I'll be ok but if anyone has any last minute advice, guidance on what I need to do to prepare for my day in court (even though it's being done over the phone)?
    Hey, thought you had died Alfie, you stopped replying to my emails.?

    So, the facts are that you won, then BWL appealed because they got the hump because it was struck out for Abuse of process and we did not get the chance to show the court that the Britannia pictures they sent as evidence were doctored  Those pictures are shown on this thread
    We also know that the doctored pictures hide the true entity of Britannia for the pub.

    So, what have you done with only 10 days left ??????? this is serious


  • Alfie_79
    Alfie_79 Posts: 24 Forumite
    Fourth Anniversary 10 Posts
    So, the facts are that you won, then BWL appealed because they got the hump because it was struck out for Abuse of process and we did not get the chance to show the court that the Britannia pictures they sent as evidence were doctored  Those pictures are shown on this thread
    We also know that the doctored pictures hide the true entity of Britannia for the pub.

    So, what have you done with only 10 days left ??????? this is serious


    I have done nothing I'm ashamed to say. I'm sorry I stopped responding to your emails. Life kinda got in the way I did actually have to go to hospital to ensure I would be alive to see this day in court (long story). But yeah, its slipped my mind and only occurred to me the other day that this was coming around soon. Dug out the paperwork and was horrified to find it was happening on the 14th. I'm not sure there was much required of me but I could have done something to deal with this earlier. 
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Alfie_79 said:
    So, the facts are that you won, then BWL appealed because they got the hump because it was struck out for Abuse of process and we did not get the chance to show the court that the Britannia pictures they sent as evidence were doctored  Those pictures are shown on this thread
    We also know that the doctored pictures hide the true entity of Britannia for the pub.
    So, what have you done with only 10 days left ??????? this is serious
    I have done nothing I'm ashamed to say. I'm sorry I stopped responding to your emails. Life kinda got in the way I did actually have to go to hospital to ensure I would be alive to see this day in court (long story). But yeah, its slipped my mind and only occurred to me the other day that this was coming around soon. Dug out the paperwork and was horrified to find it was happening on the 14th. I'm not sure there was much required of me but I could have done something to deal with this earlier. 
    First thing to do is to check the paperwork to see when you should have submitted your WS etc.  Then go from there.
  • Alfie_79
    Alfie_79 Posts: 24 Forumite
    Fourth Anniversary 10 Posts
    Le_Kirk said:
    Alfie_79 said:
    So, the facts are that you won, then BWL appealed because they got the hump because it was struck out for Abuse of process and we did not get the chance to show the court that the Britannia pictures they sent as evidence were doctored  Those pictures are shown on this thread
    We also know that the doctored pictures hide the true entity of Britannia for the pub.
    So, what have you done with only 10 days left ??????? this is serious
    I have done nothing I'm ashamed to say. I'm sorry I stopped responding to your emails. Life kinda got in the way I did actually have to go to hospital to ensure I would be alive to see this day in court (long story). But yeah, its slipped my mind and only occurred to me the other day that this was coming around soon. Dug out the paperwork and was horrified to find it was happening on the 14th. I'm not sure there was much required of me but I could have done something to deal with this earlier. 
    First thing to do is to check the paperwork to see when you should have submitted your WS etc.  Then go from there.
    This isn't the first time it's got to this stage so all the WS and supporting evidence was already submitted. This is happening because, after the judge struck it out for abuse of power, they appealed and got another court date.
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