Defence against National Parking Enforcement Ltd/BW Legal

Rae_Newbie

yes sorry I've sent it to the CCBCAQ@Justice.gov.uk email as per the instructions the court business centre 

Rae_Newbie

Do I definitely have to send to the Claimant's solicitor too? It doesn't say to do that on the instructions and given the way they've harassed and intimidated us so far, I'd prefer not to have any more direct contact with them than I need to 

Redx

Rae_Newbie said:

Do I definitely have to send to the Claimant's solicitor too? It doesn't say to do that on the instructions and given the way they've harassed and intimidated us so far, I'd prefer not to have any more direct contact with them than I need to 

You do not have to , the CCBC should do so very soon , but a qualified solicitor on here said that you should copy in the claimant , or their lawyers if being used , with all paperwork including the defence , bearing in mind that from now on you are ordered to do so with the DQ and all subsequent paperwork anyway

So who am I to disagree ? ( If a lawyer deems it to be best practice , I believe them , it's not about what I or you think ! ) You need to wear 2 hats , the lawyer hat , plus the parent defendant victim hat

The legal profession are dispassionate when it comes to litigation , whereas the defendant tends not to be and red mist clouds the issues

Once they receive your defence from the CCBC , they will send you a DQ and an intimidating letter , as the numbered 12 points tells you , so it will happen anyway

Rae_Newbie

OK, thanks.
I've not had an auto response yet, just checking that email address is still the correct one? The only ones I can find on the Government site are:

Email
ccbcdefendants@hmcts.gsi.gov.uk
ccbcclaimants@hmcts.gsi.gov.uk
mcol@hmcts.gsi.gov.uk
tec.bulkcentre@hmcts.gsi.gov.uk

Le_Kirk

If the e-mail address you used was the one from either the NEWBIE sticky or contained within the Defence Template thread, then you are correct.  The reason we started suggesting posters send to the claimant/solicitor was because CCBC had been failing to send a few defences and defendants were in receipt of a CCJ.  If you received an Auto Reply from CCBC then you are fine, just keep checking your MCOL record every couple of days to see that a) they have received your defence and b) they sent it to the claimant.

Rae_Newbie

Got the auto response now thank you @Le_Kirk, so have filed it away as proof of defence sent and received

l2eonjames

Regarding the below. Does it matter if the defendant is being referred to as a legal fiction, thing or place when the name of the defendant is in all upper casing like the below example.

IN THE COUNTY COURT

Claim No.: XXXXXXXX

Between

VEHICLE CONTROL SERVICES LIMITED

(Claimant) 

 

- and -  

 

JOHN EDWARDS JACKSON

 (Defendant)

____________________

 

DEFENCE

____________________

Coupon-mad

No.  Don't read rubbish about legal 'fiction'.  Sounds like Freeman of the Land or Administration of Justice Act nonsense.

Rae_Newbie

HI all, just wanted to say thanks for all your help on this - BW Legal continued to send their threatening letters trying to encourage me to pay up to prevent legal action, it got as far as allocating our local court, then BW Legal contacted me to ask what proof I would be supplying the court as to my stepdaughter's diabetes diagnosis, so I emailed the letter we'd received from her diabetes consultant to them, and I received a letter from BW Legal today saying they were discontinuing the claim. Only taken 6 years for them to leave us alone but at least they did in the end! 

Le_Kirk

Well done, you should receive notification from the court also.