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BW Legal Letter, confused about what stage I'm at!
Comments
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            but BW Legal must have gotten this address from there so perhaps I didn't change it.BWL would have no reason, nor access, to the DVLA for the purpose of obtaining your address in relation to your private parking charge. The one and only DVLA access would have been made by the PPC. Thereafter, BWL would use that address, unless the PPC had had no previous response from you, when at that point BWL might have undertaken a trace themselves or via a trace agency in an attempt to find a current address. But the DVLA would not have been involved beyond the initial access by the PPC.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 Street5
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            County Court Business Centre
 Google is a help here!
 Call them today. You can give them all your details.3
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            QUESTION: The debt collection letter attached above that started all this is not an official Claim Form from the private parking company. It seems that the steps through court process begin with an "Acknowledge Service of the Claim". Can I still do this? Do I need to call the private parking company...or am I way beyond this point? Other than the previous email to MP, SARs, awaiting correspondence from the DVLA and calls to the CCBC regarding the alleged CCJ (which I'll try again on Monday)....I now feel like there nothing else to do to move the process along except wait, but that feels counterintuitive!0
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            If you read the NEWBIE sticky, it contains a guide to the court process. If you have a CCJ there is no way that you can submit an AoS, that time is long gone. Presumably an N1 claim form was issued and you either ignored it or didn't receive it due to not keeping the address on your V5C up-to-date with DVLA. That was the time to submit a AoS.3
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            OK so I think finding out if the CCJ exists (which I assume is does) is top priority. Then applying for it to be set aside. But then what? I'm sorry if I'm being dim, I'm reading the Newbies Sticky over and over and without the AoS I don't understand how to move things forward. There's also 3 PCNs to consider, presumably only 1 has lead to alleged the CCJ?0
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 Absolutely right.RidgebackPlanter said:OK so I think finding out if the CCJ exists (which I assume is does) is top priority.
 That too is correct.RidgebackPlanter said:Then applying for it to be set aside.
 You need to be reading further down the second post of the NEWBIES thread where you will find set aside guidance.
 You are jumping too far ahead. Possibly defending the underlying claim, but wait and see.RidgebackPlanter said:But then what?
 AoS = Acknowledgment of Service of the Particulars of Claim.RidgebackPlanter said:I'm sorry if I'm being dim, I'm reading the Newbies Sticky over and over and without the AoS I don't understand how to move things forward.
 You have not received a Claim. You have not received any Particulars of Claim.
 Therefore acknowledging receipt of them is inappropriate.
 You are guessing. There is no way to presume that each PCN leads to a separate claim.RidgebackPlanter said:There's also 3 PCNs to consider, presumably only 1 has lead to alleged the CCJ?
 4
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            You don't realise the process has ended. Judgment is the final stage.A set aside removes the judgement, and restarts the process, but obviously NOT at the start.How many set asides have you read?3
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            OK I think I'm reading loads about stages that have already passed (or not yet begun again following a hopeful set aside and re-beginning of the initial process). I'll focus on reading up about set asides; I've read a Johnersh thread (solicitor) and some posts (but not yet all) from henrik777. At least I know I'm reading about the right things! Thank you. I'm dreading paying the £250 for the set aside request but I don't think I qualify for free court fees. I will ask though, as I've received the SEISS grant this year to help during Covid.0
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            Set asides take an otherwise easy process and makes it a bit painful.Essentially IF set aside granted, just assume you must file witness statement (for the claim ) and exhibits and defence, without being prompted.For now you must get the set aside sorted.N244
 witness statement to support the set aside.6 point draft order
 draft defence
 you must get in your head the purpose of those documents : supporting the set aside. Not the underlying claim.4
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 Why aren't you reading the section about how to set aside a CCJ, which has two links to two worked examples and says nothing about doing an AOS?RidgebackPlanter said:OK so I think finding out if the CCJ exists (which I assume is does) is top priority. Then applying for it to be set aside. But then what? I'm sorry if I'm being dim, I'm reading the Newbies Sticky over and over and without the AoS I don't understand how to move things forward. There's also 3 PCNs to consider, presumably only 1 has lead to alleged the CCJ?
 Don't ask for a link. You can do control & f on your keyboard and find CCJ in the sticky thread in a nano second.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
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