Notice of proposed allocation to the small claims track

Umkomaas

I really don't understand why they've paid £100 in order to continue to sue for £100.  I presume they cannot recover their cost of having the stay lifted if successful in any eventual court case?

nosferatu1001

No, they could not do so. The reason for the stay is their own making. 

Coupon-mad

It is so monumentally unfair that a Claimant is allowed to 'park' a case in 2018 then easily lift the stay in 2020 (particularly without checking that the Defendant is still at the same address) that I think you should send a brief synopsis to Sir Greg Knight plus copies of the claim form and stay, and listed stay, and tell him you are not looking for advice but wanted him to be aware this is what parking firms are currently doing. Ask where the limitation will end, will they file claims then un-stay them 5 or ten years later with no checks?

inasanalias

So this morning I got a letter titled
“NOTICE OF ALLOCATION TO SMALL CLAIMS TRACK (Hearing)
It then states that a judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

Now the next bit has confused me as I don’t remember getting a letter like this with the first penalty charge they tried to take me to court over. It states
”This claim be allocated to the small claims track. The court believes the claim can be decided without the need for a hearing on consideration of the documents already filed and those directed to be filed by this order. As long as the claimant and defendant agree the case will be considered by judge and you will be notified in writing of the decision and reason for it. You should inform the court in writing by 4pm 9 November 2020 wether you agree to the case being decided without a hearing”

So does this mean if I agree, the case will be done behind closed doors without the need for me to attend? Is this a good thing? Should I agree or disagree?

Many Thanks

Redx

Read the telephone hearings thread by coupon mad , posted on here months ago

Also read the dozens of other cases over recent months that have the same topic , mainly because covid19 has changed the way things are done

I doubt there was a PENALTY , it's almost always a parking charge notice , a PCN , an invoice

Coupon-mad

I am fed up with telling people you MUST OBJECT to it being heard on the papers without a hearing - this is clearly NOT OK.

inasanalias

Thanks for your speedy reply’s.

I will look up the info you are on about RedX so thanks for the heads up

And I take it from your reply Coupon-mad that I should ask for my day in court! So I will tell them that I don’t want it heard just on the paperwork and ask for a court date.

Many Thanks

Redx

That thread is lower down the page

inasanalias

Good morning, so I have read the telephone hearing thread, then read it again, then read it for a third time without my daughter climbing all over me and this is what I think needs to be done

1) I need to write to the court to say I DO NOT want the hearing to be done just on the paperwork alone and want a hearing via telephone
2) I need to get all my paperwork in one bundle ready to email to the court so the judge has it in front of him for the hearing.

Also going back to what RedX wrote on this thread a few weeks ago which is below
“Email a SAR to the claimant parking company , to their DPO , to obtain all documents and pictures and data etc that are about you , attach copies of 2 recent redacted utility bills as proof of I D under the GDPR law”

What is a SAR? And how do I word the letter to BWLegal Just so I can do this today but don’t want to sound like a amateur to BWLegal. I need all the paperwork from them as I have lost some as thought this was all finished with over a year ago.
The ironic thing is THEY have a picture of the old sign on the wall which is illegible and I have a picture of their new sign which is much clearer and I want to use this as evidence so need it and BWLegal have it on file. 

Many thanks

D_P_Dance

What is a SAR? 

Googling would have found this instantly.
jhttps://www.google.com/search?q=SAR&oq=SAR&aqs=chrome..69i57j46i433l2j46i131i433j0i433j46i433j46.2491j0j15&sourceid=chrome&ie=UTF-8

And how do I word the letter to BWLegal 

Look at other threads, see what others have done.  This is a self help forum, you are expected to do the work yourselves.