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BW Legal County Court Claim Defence


Hello,
I know that the topic has been discussed here a
lot but after reading a few threads I decided to ask you for advice as it's
quite urgent.
So, I got this letter from BW Legal stating that
they already sent me another letter informing me about a County Court Claim
they had issued against me. If I need to be honest, I ignored at least one
previous letter and I probably missed others - I have no idea how many letters
they've sent so far. Anyway, this is the first one I actually read and
mentioning a court clime strike me so I decided to google it. This is how I
ended up here and I wish to thank all of you that help to fight these
companies. After reading some threads I realised that the problem is serious as
the warned me in the letter that if I don't pay or contact them by 30 November
with a reason for not paying, they'll enter a CCJ against me. I was panicked
and as I wasn't a registered member I couldn't seek help so I decided to
proceed by my own.
I few words about the ticket. After contacting bw
legeal (I'll explain this later) I was told that this is about a ticket from
September 2016 from a city I used to live in back then. I very vaguely remember
having a sticker that I probably ignored following the advice I read online.
Shortly after that, I relocated and I've never heard of them.
These are the steps I took so far:
1. Contacting the Parking Company asking for all
the data they're currently holding from me. I don't remember the acronym of the
document. I realised it's too late for this but I guess it's good to have it
anyway.
2. I registered in Money Claim Online.
Unfortunately, I reached the point where I had to populate my Defence Pack
Password which I didn't have.
3. I registered in bw legal's website hoping to
find the password or any other information. Not much there except the sum I owe.
4. I gave bw legal a call. The guy on the phone
was very polite and after I explained my situation and what I'm trying to do,
he told me that they don't hold any passwords from the gov site so I should
call the County Court.
5. I called the CC and spoke with a lady. She
asked me if I want to pay. I told her that I have no idea what this claim is
about and that I refuse to pay. She then said that I need to send a defence to
ccbsaq@justice.gov.uk. She didn't provide the password though.
6. I used the template from this first comment in
this thread:
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1
Unfortunately, my knowledge in the legal matter is
not big and my English is not perfect and this is the point I desperately
needed advice but not knowing when I'll be able to post new threads here I
decided to proceed myself. What I did is to change the second and the third
paragraph only. I explained that I haven't received any letters so far. I also
explained that I don't have a memory of being around the school premises where
the postcode points. Moreover, as having a comprehensive insurance policy, I
used to borrow my car to friends in need but as this happened so far back in
the past, I don't have any memories of that. I sent the template to the above
email address. In the email, I asked for the defence pack to be provided as I
don't have such.
7. I sent an email to bw legal informing them that
I sent my defence to the County Court.
So please, if anybody could let me know if I did
something wrong or if there's anything else I could do.
1. Was I right amending just the second and the
third paragraph? If not, can I send a revised version?
2. Do I need to register to Money Claim Online? If
so, how can I do it without the password?
3. Should I do anything else with regards
informing bw legal?
4. Is there a real risk to get CCJ at this point
because if that's the case, I may decide to pay instead of having it added to
my credit record?
Thanks!
Comments
-
1 , yes , you did right but better if we had checked it , no you cannot amend it
2, ideally but only if you receive a copy of the claim form as you need that reference from the form , like you have been told
3 , no
4 not if the CCBC accepted your emailed defence
Email a completed DQ to that ccbcaq email address
I presume you gave the claim number with your Defence ? Also add it to your DQ email , plus name and address etc2 -
Redx said:1 , yes , you did right but better if we had checked it , no you cannot amend it
2, ideally but only if you receive a copy of the claim form as you need that reference from the form , like you have been told
3 , no
4 not if the CCBC accepted your emailed defence
Email a completed DQ to that ccbcaq email address
I presume you gave the claim number with your Defence ? Also add it to your DQ email , plus name and address etc
"Due to COVID-19, we may take longer to answer your calls and correspondence and to process claims. We are sorry but, to prioritise urgent work, we cannot provide updates on how your case is progressing."
and
"Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email. Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)".
I guess now I should only wait with my fingers crossed.
0 -
If you emailed a defence and got an auto-reply then it's in.
You can of course expand on it at WS & evidence stage in the Spring, before your hearing.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
Coupon-mad said:If you emailed a defence and got an auto-reply then it's in.
You can of course expand on it at WS & evidence stage in the Spring, before your hearing.0 -
Could even be early summer , who knows ?
Email your completed DQ in as well , then enjoy xmas1 -
swan_ said:Coupon-mad said:If you emailed a defence and got an auto-reply then it's in.
You can of course expand on it at WS & evidence stage in the Spring, before your hearing.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Hello guys! Merry Christmas and Happy New Year!
After sending my defence I received a Notice of Intention to Proceed from BWLegal which, I guess, was expected. They are trying to make me pay before the hearing as otherwise, I'll likely to get CCJ.
The other letter is from Country Court BUsinees Centre - Notice of Proposed Allocation to the Small Claims Track. They ask me if I would like to settle this via a mediator without going to the court. What should I do?
Thanks!0 -
What should I do?It's very simple - read the NEWBIES FAQ sticky, second post, it's all in there. Surprised you're not already au fait with that, given the current stage you are at.
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.Private Parking Firms - Killing the High Street4 -
Read the newbies thread for every single step. It's all there. It's always the first place you go 😊4
-
Thanks a lot, guys! I found it.
I have another question, though. In the article I read, it is said that if I lose, which is very likely, I "have to pay the amount on the Claim Form, plus a hearing fee (£25 if the claim is under £300)". As I don't have any claim form I'm not sure which amount is that. Is it the actual parking charge or is it the total amount together with BWLegal's fees which totals to £263?0
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