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County court hearing BW legal - Defence draft

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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    VRM.  It's a mark ,not a number 

    I would not use sub numbers for para. Just use 1,2,3 etc. Keep it simple
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 January 2021 at 3:47PM
    Your para 3 is contradictory.

    It starts by saying "The Defendant was not the driver...", then in the last sentence it wrongly uses the term Registered Keeper - should be 'driver'.

    As @Coupon-mad has already said:
    Think about it and look at the statement of truth you are signing.
  • Coupon-mad
    Coupon-mad Posts: 161,735 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It also says 'upon revisiting' (only the driver or passenger would revisit).  Do not say you were not the driver if you were.

    Typo here:
    The allegation appears to be that the motorist fails failed


    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 THREAD
  • VDubT5
    VDubT5 Posts: 5 Forumite
    First Post
    Evening all, 
    Just an update on where the case is up to and a couple of questions. Have had notification on mcol that the DQ has been sent yesterday. I assume this is coming by post? Also had a notice of intention to proceed from BWlegal which I have attached. They say I may be liable for their client's costs on top of what has already been claimed. How much can they charge for this? Just preparing myself for what is to come.

    Thanks all
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 5 February 2021 at 7:48PM
    VDubT5 said:
    Evening all, 
    Just an update on where the case is up to and a couple of questions. Have had notification on mcol that the DQ has been sent yesterday. I assume this is coming by post? Also had a notice of intention to proceed from BWlegal which I have attached. They say I may be liable for their client's costs on top of what has already been claimed. How much can they charge for this? Just preparing myself for what is to come.

    Thanks all
    That is the normal junk we see from BWLegal ....... just hoping you are a mug and will pay.
    There is a limit in the county court. It's called a small claims court for a reason. It is not called an unlimited scam court
  • Umkomaas
    Umkomaas Posts: 44,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    COSTS OF LOSING IN COURT
    this is typically broken down as :-
    £100 - original parking charge
    £25 - court filing fee
    £50 - solicitor costs for preparing case papers (maximum, capped)
    £25 - hearing fee, if it gets that far
    Maybe £7 or £8 interest, depends how long it's been since the original charge.

    So not much more than £200 - IF YOU LOSE!

    Anything else they try to add will be spurious and must be challenged with the Judge.

    The other side may also apply for further costs for unreasonable behaviour, but that is a high bar, and only applies if you have failed to comply with court orders, such as not meeting deadline dates.  Read all the documentation you get from the court very carefully and comply with all its requirements. I don't think I've ever seen a PPC win unreasonable behaviour costs. The way you've conducted yourself so far is a million miles away from the PPC claiming such costs against you. 

    IF YOU WIN - none of the above will be payable by you. But you could claim:

    £95 capped maximum for loss of earnings/annual leave for half a day (take pay slips for proof)
    Travel costs - public transport or mileage x 45p per mile
    Parking costs.

    If the PPC has been wholly unreasonable in dealing with the court, then costs awarded against them could be considerably more, but, again, the bar is set very high. We would advise nearer the time if we think this is worth you pursuing.
    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 Street
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