National Parking Enforcement - County Court Claim

milo_2020

KeithP said:

milo_2020 said:

I have sent this to: Ccbcaq@hmcts.gsi.gov.uk with cc Ccbc@hmcts.gsi.gov.uk, should she ring them to check they have it as deadline is 4pm today?

Please tell me how the guidance can be improved.

Where did you get those email addresses from? Must've taken some digging to find them.

I just searched this site and Google for keywords and that was what I found, a lot of the places of info say check X post page X for details where it could just say the email there but I did find it in the end so it is my fault

We have had a letter from BWLegal saying they have read the defence and that they are going to proceed the case against us, along with a bunch of 'scary' text saying its not too late to pay now as it will cost us more than the amount currently when they add on expenses when they win.

On MCL it says latest thing is submitting the defence, there is no update that side of things... What's my next step so I can prepare? Do I wait now for formal confirmation?

KeithP

milo_2020 said:

KeithP said:

milo_2020 said:

I have sent this to: Ccbcaq@hmcts.gsi.gov.uk with cc Ccbc@hmcts.gsi.gov.uk, should she ring them to check they have it as deadline is 4pm today?

Please tell me how the guidance can be improved.

Where did you get those email addresses from? Must've taken some digging to find them.

On MCL it says latest thing is submitting the defence, there is no update that side of things... What's my next step so I can prepare? Do I wait now for formal confirmation?

Go back to that list your were following when you filed your Defence. You really must try and take in the information freely given on this forum and stop asking us to repeat guidance that has already been given.

I know you gave up following that list ages ago, but go back to it now and read item 6 onwards...

6. After filing your Defence, there is more to do.

Hint: that list is in the first post of the Template Defence thread.

milo_2020

Hi, 

So as an update, BWLegal sent a 100+ page document that essentially says that I have copy and pasted information off a well known forum which they are aware of and this is a crime to take other peoples work and use it in the court. Lots of the pages are just single images which don't really show anything and are in this thread.

They sent a separate letter shortly after saying that if we pay them now then I don't risk legal issues for copying other peoples work.

The court date is on the 16th of January 2022 and I need to prepare a defence, I have somewhat left this to the last minute as is advised not to, there are circumstances which are causing an issue such as heavily pregnant and not been the top of the agenda as there have been issues that have had to been dealt with.

Do you think they would consider extending this date until after baby is born given its not a criminal case?

BWLegal seem to word it as if they are reading this very forum post... I am actually prepared to pay someone in excess of what I would have to pay BWLegal just to ensure that BWLegal do not get the funds... is this possible or should I really just shut up and write the defence? 

Le_Kirk

You seem somewhat confused!  I hope you have already filed your defence back in May!  You might now need to be compiling a witness statement (WS) which is in support of and backs up your defence.  Just ignore the tosh that BW Legal spout about copy & paste defences.  Wait until you see their copy & paste WS!  It is not a crime to research your situation; if you went to the library and studied law books, would they still tell you it is a crime?  There was a report on this forum that, when a judge heard this piffle spouted by BW Legal (or it may have been a different legal company) he said "So What!"  Just get on with your WS - recent good examples are by @jrhys and @Nosy.
When you sent in your DQ (N180) did you specify dates when you could not attend a hearing because of an imminent birth?  If so, the court should respect that.

milo_2020

Yes. yes thats the one! WS not the defence, apologies.

No didnt put on DQ because was not aware at the time of filing.

OK I will get on with the WS and have a look at the 2 examples posted by those users. Thank you. Do I need to reference any of the 1.5 inch thick document they sent? I suppose it doesn't change the facts.

Le_Kirk

milo_2020 said:

Yes. yes thats the one! WS not the defence, apologies.

No didnt put on DQ because was not aware at the time of filing.

OK I will get on with the WS and have a look at the 2 examples posted by those users. Thank you. Do I need to reference any of the 1.5 inch thick document they sent? I suppose it doesn't change the facts.

Only if they have put something in there that is not true and will prejudice your case or if they have referenced something that will help your case!  Most important factor is to make sure that you file and serve it before the deadline set by the court.

milo_2020

I presume this deadline and all important information is on the letter the court sent me and there is no online reference to this?

Coupon-mad

That's right, it's on the (earlier) Notice of Allocation or the Hearing Order you just got.

Do you think they would consider extending this date until after baby is born given its not a criminal case?

Probably not unless the baby is due the same month/week, in which case email the court immediately to tell them your predicament and copy in the Claimant to ask if they consent to a later date in the Spring.

BWLegal seem to word it as if they are reading this very forum post

Wow, they've easily fooled you there.  Spare us and yourself...read more threads.  You have actually got a template letter there...search the forum for 'nonsensical' and you will find 'your' letter.  Yawn, everyone gets that laughable witness statement repetition:

https://forums.moneysavingexpert.com/discussion/comment/78660168/#Comment_78660168

 I am actually prepared to pay someone in excess of what I would have to pay BWLegal just to ensure that BWLegal do not get the funds... is this possible

No, that's not needed and you are only writing a WS, the story of what happened.  Copying from other good recent ones, such as by @jrhys or @Nosy, which can be done in one day flat if you are prepared to invest an afternoon to read theirs and adapt them.

or should I really just shut up and write the defence? 

WS, yes.  Easy stage get it done and behind you this week.

milo_2020

OK so, not ideal, the letter is not where it was previously... its in a super safe place which right now I don't know where it is... have spent the day looking for it and also have emailed the court last week it was transferred to asking if they could confirm the details and also explained the situation with baby... got a response back saying they have it and will have a response at some point...

I have allocated the time/day of Monday off work to deal with a number of things this being the first priority.

Thanks for all your responses.

Coupon-mad

You should ring the court and ask 'what is my deadline for filing and serving my WS and evidence, as I have mislaid the Notice of Allocation and Hearing Order'.

Stay on the phone until they look at the Orders and tell you.  If they say '3 days before' tell them no, that's going to be the electronic bundle date, you want the date by which both parties must first exchange (file and serve) the witness statement and evidence.  That will be likely to say 'not later than 14 days before' but you can't assume.