Notice of proposed allocation to the small claims track

inasanalias

Good afternoon, I’m hoping someone could help me with my situation. I got 2 parking fine 3 years ago, got hassled By BWLegal, I filed a defence from this forum, sent it off, got the court date through and then got a letter off BWLegal telling me the claimant had drop the charges and it was settled. I thought this was the end of it yet on Friday I got a notice of proposed allocation to the small claims track from parking awareness services. Now I am assuming it’s from these parking fines from 3 years ago because in the letter it says nothing about what they are claiming for or how much!! It just has a claim number and stamped from Northampton CCBC. It has a direction questionnaire with it and it says that it needs to be filled in and sent back before the 25 of September. Now you may call me stupid for this but if this is related to the fines from 3 years ago, I threw all the associates paperwork away only a few months back so don’t know where to start with it all again!!! Can anyone shed some light on this as I thought it was the end of it a year ago but it’s come back to haunt me. Can they even do this to me again?!? Thanks in advance 

inasanalias

Sorry I should of said that I got the letter from BWLegal saying the claim had been dropped by the client just over a year ago. 

Johnersh

Call the court with the claim number. Get a copy of the claim form. That'll have the details of what is claimed. 

Don't assume anything (is it possible one ticket was abandoned not both, for example). Certainly its possible for a claimant to tell you they're abandoning, but to forget to tell the court.

The court proceedings are clearly still live. To have a DQ a defence must have already been filed. 

inasanalias

Thanks for reply. So I manger to navigate on here and find my old thread. BWLegal were originally chasing me for 2 parking charges, like I said it went all the way to getting a court date but then I got a “ notice of discontinuance” letter off them and said the claimant had dropped the charges. So I just assumed that both parking charges were in that and that was the end of it! Now this just doesn’t make sense?!? Thought I finally had finished with all the stress of it but now I am back to square one!!

inasanalias

And like I said previous, I received the notice of discontinuance letter over a year ago. Surely I would of heard off the court earlier then now if the claimant hadn’t told 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

No, it sounds like a screw up, but you need to be sure this relates to the exact same claim
Until you find this out its pointless speculating. 
I presume teh DQ has come from the CCBC and not the local court you stated you had the hearing date? It is worth mentioning this to the CCBC - assuming the DQ is from them - as they should have records showing it was already transferred
Remember the CCBC, once they transfer it to your local court, has no idea whatsoever how the claim ended up being resolved - settlement, discontinued, hearing, etc. None. So possible theyve made a mistake and "resurrected" this claim. SO CALL AND CHECK. 

inasanalias

Yes it’s come from Northampton court and not my local court which I originally put down way back a year and a half ago. The hearing was all set with my local court. I am going to ring Northampton court shortly to find out what the case is associated with. I take it that the original court date will have a totally different ref number so guess they won’t be able to find it without that right? 

D_P_Dance

These are not fines, they are invoices from ex clampers/scammers for compensation for the harm they allege they
t suffered at the hands of the driver of a vehicle registered to you. 

inasanalias

So I finally managed to get through to the court, they said back in October 2018 they put a block on one of the charges and now they have unblocked it and want to take me to court. This is a pretty nasty trick in the sense that I got rid of all corresponding letters from them from the original case and won’t have the evidence I originally had regarding the bad signage they had up when the originally stuck their yellow charge on my van!!!!! Where do I go from here now!!! Feel like they are in the driver seat now and I’m on the back foot with it all again!!!!

inasanalias

And I just got off the phone to BWLegal who tried their hardest to get my phone number and email address (not a chance) said that there was 2 parking fines, the one that I got the discontinuance letter for a year ago has now closed but the client wants to pursue the second penalty charge!!!!