BWLEGAL/BRITTANIA CASR

Axelwalnut

Hi all,
I need some advise on where i should go next as i have looked through the forum but i can't find an answer to my question.
I have managed to have my court case set a side on the basis i was  never notified regarding a CCJ that had been taken out against me

I have been a bit naive and admitted that i was the driver and that i had not seen any signs on the day. Also the lawyer for BW has slapped a £100 fee for her time on top of the original case. 

However, i am now think i have the following options that i need to do in the following 14 days:-

1. Settle the case outside of court at a reduced cost (plus paying the additional fee) and then sending a defence stating the case has been settled. 

2. Send a counter claim in my defence but risk losing that case an incurring extra fees. The judge did make points, hinting at the fact i was at fault for certain aspects in this case, at the set aside hearing.

I do resent settling the case, as i don't want them to win but also my main objective was to avoid a CCJ as this will inpact my wallet in the long run as i need to sort a new mortgage and credit cards etc. This has caused no end stress for a !!!!!! 6 minute mistake parking somewhere i did not realise was under Brittanias evil claw. 

What would you advise, or is there another option i have not considered?

Cheers for reading this

Coupon-mad

If you have achieved a set aside you now should defend and win the case, not settle.

This is the same as all our set aside cases.

We have a template defence top of the forum - amend that to suit.  Tell us more about the car park and circumstances.

How on earth did the rep get £100 for her time allowed, if you 'won' the set aside hearing?  How were you considered to have acted unreasonably and caused the Judge to award them £100 in costs?  

Axelwalnut

I was at fault for not changing my address with DVLA when i originally moved. I did change it at later date and this was before the CCJ was applied for, that is how i got it set aside. 

I parked in a car park next to a  Travel Lodge and checked in. I checked with reception whether the car park was theirs and they advised it was private but i would get 30 minutes free. 

I moved my car but i did not realise 1. I needed to get a ticket for the free 30 minutes and 2. I had overstayed the 30 minutes by 10 minutes.

I never recieved the PCN and i only found out about the CCJ when checking my credit after applying for a CC. I had a perfect rating before this. 

I let it slip that the travellodge had made me aware the car park was not theirs. She defended that at that point i should have checked the terms of the car park. 

The judge recommended i pay this fee, i am not experiwnced in law so i did not know what i should push or not. 

Coupon-mad

No posters who defend their cases are experienced in law, here.

She should not have been able to be awarded £100.   You should have asked for your costs.  None of what you describe is unreasonable conduct by you, and in fact you should have said the parking firm 'failed to take reasonable steps' to trace you before they filed the claim and that the Govt knows about this problem and does not hold consumers responsible for the CCJs that result and that the MHCLG are (quite rightly) currently actively working on a new framework to rein in the parking industry:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

You simply need to sit down with  laptop (not phone) and read about a dozen set aside/CCJ threads and see how to do this.

Axelwalnut

Coupon-mad said:

No posters who defend their cases are experienced in law, here.

She should not have been able to be awarded £100.   You should have asked for your costs.  None of what you describe is unreasonable conduct by you, and in fact you should have said the parking firm 'failed to take reasonable steps' to trace you before they filed the claim and that the Govt knows about this problem and does not hold consumers responsible for the CCJs that result and that the MHCLG are (quite rightly) currently actively working on a new framework to rein in the parking industry:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

You simply need to sit down with  laptop (not phone) and read about a dozen set aside/CCJ threads and see how to do this.

Thank you, i did add a counter claim in by N244 form but this was ignored. It was much more difficult to do a telephone hearing even though i was prepped and ready.

I'll have a look through and the judge said i had 14 days to submit my defence. 

Coupon-mad

I'm not talking about counter claiming.  Claiming your costs is not counter claiming.

You will find everyone else on the CCJ threads has been in your shoes.  Been there done that and showed their defence, WS and evidence for the post-set aside stage.  Same as you.  Read LOADS of them.

I assume you've now read the whole section on CCJ set asides in the NEWBIES thread? (no, we won't link to it).  Also we assume you have found the template defence thread at the top as well.

BUT you MUST also put in a Witness Statement and evidence which is why I want you to read a dozen exact-same threads, to copy from them.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

nosferatu1001

You dont have a counter claim, almost certainly, and its likely too late to do one anyway
Did you pay for the counterclaim? If not, thats why it was ignored. 

Axelwalnut

I was told by the County Judge to submit a defence within 14 days otherwise the claimant could submit the CCJ again. So that is was i am about to do. i have used the templates as advised by Coupon-Mad and adjusted it to my requirements. I have added my own comments to points 17-18 on my defence

Coupon-mad

As I said before:

BUT you MUST also put in a Witness Statement and evidence which is why I want you to read a dozen exact-same threads, to copy from them.

Or tell the Judge in your covering email that you wish to submit a witness statement and evidence (about the PCN, as opposed to the earlier WS which was about the CCJ and defective service, and not in support of the core defence) before the next hearing.  Therefore, you await Directions with regard to both parties filing and serving their specific witness statements and evidence (photos etc) about the PCN itself.

Axelwalnut

I think i have made a right mess of this case. I have paid BW Legal the full payment to stop them pestering me and the threat of the CCJ, as the judge said it could be applied for again at the set aside hearing. 

I have recently submitted a defence form after having my case set aside. The judge recommended to do this as they could resubmit the case, but the judge also said i should pay the £108 for the BW Legals solicitors fees.

In my defence form i have asked all the fees i have paid BW Legal back, plus the fees for submitting the N244 form and further costs to myself; totaling around £700.

BW Legals solicitor has recently sent me a letter asking me to sign a discontinue form as i have already paid the fee and settled the matter, plus taking further could cost me further money.

I have made a right !!!!!! up with this and paniced at paid the fees to prevent a further CCJ and submitted a defence so i could claim back the fees that way. 

Have i made a mistake and should i sign the discontinue form?