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Not sure I have any way out of this fine at CC stage

edited 21 December 2020 at 1:20PM in Parking Tickets, Fines & Parking
60 replies 841 views
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  • edited 21 December 2020 at 11:34PM
    Coupon-madCoupon-mad
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    edited 21 December 2020 at 11:34PM
    You will find this has been done in defences before.  Search the forum for defence consolidate Henderson cause of action estoppel and copy and adapt that bit into the first section of the defence for this second one.

    And - this is  important, too - from now on, mention the Henderson-v-Henderson consolidation/cause of action estoppel wording, in each and every communication you have with the courts.  Especially for the first claim, tell them about the second claim every time. At DQ stage, at witness statement stage and keep pushing until the claims are consolidated or the court moves to strike out the second claim (unlikely but worth asking for).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ChanelleyChanelley Forumite
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    If Issue date is 15th December, when is my last day to submit AoS?
  • UmkomaasUmkomaas Forumite
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    Chanelley said:
    If Issue date is 15th December, when is my last day to submit AoS?
    19 days later - no need to wait now, just get it away. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • edited 23 December 2020 at 12:21PM
    RedxRedx Forumite
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    edited 23 December 2020 at 12:21PM
    Nobody should be waiting until the last day , if more than 5 days have elapsed , get the AOS done , online , it's your one and only task on that site , apart from checking progress , so get it done , TODAY !!

    Ps , there is a car park near me with 3 sets of enforcement , so roughly in thirds , CEL , SIP , and council !!

    Talk about confusing!!
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • KeithPKeithP Forumite
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    Chanelley said:
    Hi all. So I've since had another county court claim (for other parking in the same car park before I realised that there are two companies manning the same car park). I'll do the same AOS on that. BW Legal have also sent me a letter to say they will be proceeding with the court case as they believe the court will find in their favour and this will lead to a CCJ against me! Is this true?

    Chanelley said:
    If Issue date is 15th December, when is my last day to submit AoS?

    With a Claim Issue Date of 15th December, you have until Monday 4th January 2021 to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 18th January 2021 to file your Defence.
    That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • ChanelleyChanelley Forumite
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    Hi everyone. Thanks for your help with this.
    BW Legal have sent me a letter asking if I'd settle. I assume the answer to this is no?

  • UmkomaasUmkomaas Forumite
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    Chanelley said:
    Hi everyone. Thanks for your help with this.
    BW Legal have sent me a letter asking if I'd settle. I assume the answer to this is no?

    It's often the precursor to a discontinuance - no guarantee, but we've seen numerous. Your call, but I'd not rush into agreeing anything. Really depends how confident you are playing Poker. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • nosferatu1001nosferatu1001 Forumite
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    Its often a sign they will discontinue, but it isnt g'teed. 
    You could respond offering them a "drop hands" offer (you both walk away with no costs) asyou feel you have a strong prospect of winning. Send it WP save as to costs, then IF you win you can use it to show that you should get your costs, as they forced a hearing.
  • ChanelleyChanelley Forumite
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     Send it WP save as to costs, then IF you win you can use it to show that you should get your costs, as they forced a hearing.
    Sorry can you explain this part, please?
    As there are two cases, I might see if they will drop both...worth a try.
  • Le_KirkLe_Kirk Forumite
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    If there is anything in a post I don't understand I ask Auntie Google.  WP save as to costs means Without Prejudice Save as to Costs, meaning that it cannot be used as part of the evidence during the hearing in court EXCEPT when it comes to the matter of apportioning costs.  Did the letter mention both cases by reference number?  There is no reason why you shouldn't try a cheeky offer to walk away if they drop both cases.
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