Sent a court letter

crispyjay1987

Hi all

Just wanted an opinion before I take my next step. 

The other day I was sent a court summons for an unpaid parking fine a year and a half ago. This was the first notification of any kind of the offence. After discussing with the company sending me to court, they said there were photos and previous letters that were allegedly sent.

I had originally defended myself as it was impossible for it to be me as I would have been at work plus I don't normally drive to work. Turned out it was my partner but she was also unaware of the offence as there were no letters or tickets since then. 

I've corrected my defence stating that I'm happy to discuss the fine, however the fact that I'm being sent to court is ridiculous. I had originally sympathized with then as I imagine covid and staff shortages over the past year or so would have caused errors so I was happy to discuss going back to the original fine. 

3 days after calling the company, I was sent a pack with all the photos and letters they claim to have sent. I've been offered a settlement of £150 which includes their legal fees or we go forward with a court date.

What should I do next? This seems incredibly unfair and a company just taking advantage. 

Thanks

KeithP

What is the Issue Date on your County Court Claim Form?

Who is the Claimant?

crispyjay1987

Its in a drawer but it's around the 11th of Jan. 

KeithP

Did you actually file a Defence?
If so, what exactly did it say?

Have you looked at your Claim History on MCOL?

Is the Registered Keeper's details correct on the vehicle's Registration Document (V5c)?
Where they correct at the time of the alleged parking event?
Have you moved since?

Again, who is the parking company?
Can you possibly go to the drawer and read it from your Claim Form?

KeithP

In your opening post you said...

crispyjay1987 said:

The other day I was sent a court summons... 

'The other day' seems to imply that you have received something since January.

What exactly did you receive 'the other day' and when exactly did you receive it?

crispyjay1987

Sorry for being vague in the first instance. I wasn't expecting anyone to be this helpful.

The claimant was Napier parking but their legal team is bwlegal

26th of January 2021 it was issued. Event was 18/07/2019 1pm

I filed a defence, I can't get the exact defence up but I basically explained what I did above in nicer words. I then phoned them to correct my defence, as I explained, it wasn't me it was my partner which is why I had no knowledge in of it until I spoke to her properly about it. If I can find the exact words I'll post them shortly. 

I haven't moved and the address etc. Is correct on the v5c

crispyjay1987

Its gone on this long as replies from BW legal could take weeks. 

Also I was hoping from a measure of understanding from them or Napier but clearly no dice

KeithP

Ccrispyjay1987 said:

I filed a defence, I can't get the exact defence up but I basically explained what I did above in nicer words. I then phoned them to correct my defence, as I explained, it wasn't me it was my partner which is why I had no knowledge in of it until I spoke to her properly about it. If I can find the exact words I'll post them shortly.

Who did you phone about correcting the Defence? The CCBC? And did they allow a correction?

You MUST find the exact words. You, or your partner, cannot possibly defend a court case without knowing what has been written as a Defence.
You may need to ask the CCBC to email a copy if you haven't kept a copy yourself.


Can you please copy and paste the MCOL Claim History here - it's only a few lines.

Coupon-mad

I can't get the exact defence up but I basically explained what I did above in nicer words.

What, you mean this was your 'defence' (below)?

I had originally defended myself as it was impossible for it to be me as I would have been at work plus I don't normally drive to work.

Really sorry but that is not any defence to a parking charge.  We wish you had come here earlier because unless they discontinue, then you will lose.

I then phoned them to correct my defence,

You can't do that.

as I explained, it wasn't me it was my partner which is why I had no knowledge in of it until I spoke to her properly about it. 

Makes no difference.  They are holding you liable as the registered keeper, as the Claim form told you in January.  The law lets a parking firm hold a keeper liable if they complied with certain conditions and they probably did.   You've put in no defence & can't change it.

3 days after calling the company, I was sent a pack with all the photos and letters they claim to have sent. I've been offered a settlement of £150 which includes their legal fees or we go forward with a court date.
What should I do next? This seems incredibly unfair and a company just taking advantage. 

We agree, but they succeeded. 

You offered no defence to build on at all, so I'd consider that £150 settlement. We never say that but we never have people who haven't defended the claim. So sorry. 

The alternative is, follow the NEWBIES thread to see what you should have done and when you get a court date, file and serve a witness statement and evidence but I can't think of anything you can offer to support a non-existent defence.   You can attend the hearing and hope they muck up the evidence or the signage is unclear or something and then if you lose you'd pay about £200 and have no CCJ as long as you then paid in full. 

If you win this in the end, can you give me a tip on lottery numbers?  I wish you'd come here in time, in January.

crispyjay1987

I'll just pay. I expected this to be honest. 

Also I can't log in to my MCOL at the moment as there's some sort of issue with the details. 

It seemed ridiculous that they can get away with not sending any information prior to sending a court letter and then miraculously produce them all a  few days after complaining. 

As memory serves I phoned BW legal. I don't recall hearing from MCOL at all only from BW legal. 

I didn't get on the forum for such a long time for various reasons, largely the fact that be legal took so long between replies. 

D_P_Dance

It seemed ridiculous that they can get away with it.

That is because so  many people pay them, without a fight.  If everybody stood up  to them they would be out of business by Christmas.  It is my understanding that they lose  99% of contested claims in court.  

Have you complained to your MP?