NCP parking ticket- I won!

Eminowa

we are a bit confused here. my wife called the court today, the court is saying she doesn't have to pay anything becos it has been logged in as a defence. she told them that underneath her defence she has got a counterclaim. the court are saying no, its been logged in as a defence, but if she want to do a counterclaim, it would cost her £100, but it has to be done separate. i dunno if I should ring the court myself, but since it isn't in my name, am not sure if i would be listened to.
what do we do guys please?

Le_Kirk

According to Civil Procedure Rules 20.4, the following pertains: -

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.
(2) A defendant may make a counterclaim against a claimant –
(a) without the court’s permission if he files it with his defence; or
(b) at any other time with the court’s permission.
(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

Maybe another call to the court as someone doesn't understand something.  Does the defence specifically contain a section that has been marked .............

"and the defendant counterclaims..........."

Eminowa

There is a sub heading saying counterclaim. And underneath it, the counterclaim started following previous numbering.

Eminowa

I have read the link. I will ring the court myself. But Again does it cost £100 to file a counterclaim?

Umkomaas

Eminowa said:

I have read the link. I will ring the court myself. But Again does it cost £100 to file a counterclaim?

It's based on the level of the counterclaim you are making. Did you put in the amount of your counterclaim?

https://www.gov.uk/make-court-claim-for-money/court-fees

Eminowa

we just received a letter from bwlegal titled NOTICE OF INTENTION TO PROCEED.  the letter reads as follows,
On xx May 2021, a county court claim was issued against you. We have since received a copy of your response to the claim from the court. The purpose of this letter is to inform you that our client intends to proceed with the matter notwithstanding your reasons for disputing the claim.
Our client is confident that the court will find in their favour should the matter proceed to a court hearing. If our client's claim is successful at such a hearing, then it is likely that a county court judgement may be entered against you. You may also be liable to pay our client's costs in addition to the sums already claimed.
What to do next
Our client would hope that this would not be necessary and is prepared to give you until 26 July 2021 to pay the claim in full. Alternatively, if you are not able to pay the claim in one lump sum, our client is willing to accept the balance due by way of instalments. therefore, it is important that you contact us before 26 July 2021 t set up an affordable repayment arrangement.

Bwlegal must be out of their mind. they are threatening her about CCJ which is misleading. I thought after 28days of submitting a defence if the ppc doesn't contact the court to proceed, the matter would be set aside?

Le_Kirk

Eminowa said:

we just received a letter from bwlegal titled NOTICE OF INTENTION TO PROCEED.  the letter reads as follows,
On xx May 2021, a county court claim was issued against you. We have since received a copy of your response to the claim from the court. The purpose of this letter is to inform you that our client intends to proceed with the matter notwithstanding your reasons for disputing the claim.
Our client is confident that the court will find in their favour should the matter proceed to a court hearing. If our client's claim is successful at such a hearing, then it is likely that a county court judgement may be entered against you. You may also be liable to pay our client's costs in addition to the sums already claimed.
What to do next
Our client would hope that this would not be necessary and is prepared to give you until 26 July 2021 to pay the claim in full. Alternatively, if you are not able to pay the claim in one lump sum, our client is willing to accept the balance due by way of instalments. therefore, it is important that you contact us before 26 July 2021 t set up an affordable repayment arrangement.

Bwlegal must be out of their mind. they are threatening her about CCJ which is misleading. I thought after 28days of submitting a defence if the ppc doesn't contact the court to proceed, the matter would be set aside?

Presumably this is your defence.  If BW Legal have notified the court of their intention to proceed, the next thing you receive should be the N180 (DQ) from CCBC.  Yes, BW Legal are threatening a CCJ which is not in their remit to do; only a judge can do this.  Try reporting them to the SRA but others have tried and just get told "we are only doing what our client instructs us to do".  That does not make it right and, as solicitors, their first duty is to the court.

Coupon-mad

More importantly, they only have 14 days plus two, from the date they received a defence and counterclaim, to defend the CC.

Eminowa

@Le_Kirk. the letter says they are giving us until 26 July to pay up, by 26 July it would be over 30 days. can they still proceed after 26 July? thought after they receive our defence, they have to respond within a month if they which to proceed?

Coupon-mad

They have responded. A notice of intention to proceed is exactly that.  

The case will not be stayed but as long as you paid for the counterclaim and MCOL shows it recorded as a Defence and Counterclaim, then they don’t have long to defend that.