Brittania parking/BW legal taking me to court

bluegoldie

D_P_Dance said:

... they have said I would incur extra legal costs which I would be liable 

Could not would.  By the same token, if they were to lose, they could be hit with stiff charges for unreasonable behaviour.  Both are unlikely.

I went to bed that night thinking I'd be 1000s in debt ! Absolute bullies of people, I have no words for the level of distress this has caused me from day one ! 

Redx

No chance , it's called small claims court for a reason , typically you would pay £200 or less for a loss in court for a single PCN !!

Of course they will try to inflate it , but it's extremely rare for a judge to grant extra costs , if it did happen it would be for unreasonable behaviour by yourself , so just be reasonable !! Lol. So could is not would and extremely unlikely to happen !! More chance of you winning tonight's lottery than losing more than the figure on the claim form

As for your draft defence , make the changes by fruitcake , renumber each paragraph from 2 onwards , so no sub paragraphs numbers like 3.3

Then slot it in and renumber the template paragraphs from 4 onwards to follow the numbers in your draft , so 4 becomes 7 or 8 or 9 etc , so a simple renumbering from 1 to whatever in the final version.

Leave it a few days at least for more comments or improvements , just in case , especially because the CCBC is shut over the weekend

Follow the instructions by KeithP on signing and emailing it , using a digital signature appended into the pdf document

Do not fill anything in on MCOL

Do not post anything either

Only email

Coupon-mad

3.2 No appeal was made to the claimant for liability within the 28 days due to the defendant complying with the request set out in the transfer of liability.

I think I'd remove the above entirely.  There's no need to make any excuse for not appealing, if you transferred liability:

You will not be exposed to extra costs - in fact the 1% of people here, who follow all our advice from defence through to hearing but (extremely rarely) lose their case, pay less than the amount claimed.  This is because most Judges see through the fake £60 'debt recovery' costs which are an attempt at double recovery of the minimal costs of a handful of letters, that is the very business model that allows a parking charge to be up to £100.  They can't charge for the letters twice. 

And there is no CCJ risk as long as you follow all our advice, stick around and meet the court deadlines. 

You can sleep easy.  This is the stage where the bullyboy scam ends.

nosferatu1001

Cpr27.14. 

Read what it says about COSTS 

the entire point about SCT is to cheaply resolve disputes, without one side being able to bully a less well funded side, because the side spending hundreds on lawyers only gets that money back if the other side behaves unreasonably- as long as you file a sensible defence, meet all deadlines and serve to the right parties , the chances of a court saying you are unreasonable is remote. 

bluegoldie

Thank you ! Thank you! 

Redx

You should now make the changes suggested earlier by coupon mad etc , then renumber and repost the final draft of paragraphs 2 and 3 , renumbering all the sub paragraphs from 3.1 to 4 etc , giving you say paragraphs 2 to say 8 , then post that final concise draft below for any further final comments

If approved , slot them into the defence in place of template paragraphs 2 and 3 , renumber template paragraph 4 to say 9 and renumber all subsequent paragraphs , add a digital signature , ideally save as a pdf , email when happy it's completed , tomorrow or this week if you wish to

Then keep checking online on MCOL your claim history until the CCBC have posted the DQ to you

Once posted , download the DQ PDF version , complete it and email to the same ccbcaq email address as the Defence went to

Do not be intimidated by the claimants letters or their DQ , just file them

Then await a letter from your local nominated court in a few months time

Start drafting your witness statement plus exhibits plus your summary costs assessment when feeling better and time allows , get ahead on this , not on the back foot !! Know what is coming , why , be prepared , do not disappear , keep a handle on the topic

Good luck

bluegoldie

Ok so I am now at the DQ stage, I am completing to send back tomorrow at the latest as cut off date is the 8th of April. Couple of questions:
1) do I post or email it ?
2) I know I have to send a copy to BW but I dont have a scanner/printer/photocopier or access too. Am I able to scan to my phone and email to them ? I dont want to make a mistake at this stage !!
3) I'm in south Wales and wondered if anyone has had positive or negative outcomes at local county courts? Or does it not matter
4) they have stated that no one will be giving evidence on their behalf, what does that mean.

Sorry for the questions I checked the stickers first 

Le_Kirk

1. You send the e-mail to the CCBC using the same e-mail address that you used for your defence.
2. You could create a pdf file (from Word or similar) and attach it to an e-mail to the claimant.

bluegoldie

Brilliant so I fill in the paper copy and then just scan and email it. I might post it too just to be sure. I can email the claimant as I have a direct contact with them 

Redx

Or you download the pdf from the gov website , fill it in on your laptop instead of the paper copy , email to the CCBCAQ email address and also email to the claimant or their solicitors , most cases are the latter , so solicitors

You can check the MCOL claim history in a few days time to check the DQ has been registered , post is a last resort , especially in a pandemic where people work from home