BW Legal Napier Parking PCN

cearley02

KeithP said:

cearley02 said:

Hi, slightly panicking! @KeithP stated the deadline for filing my defence was Monday 23rd September, but this is actually today which is a Saturday! I have drafted my defence, but have I missed the boat?

Yes, sorry about that.

In my post of 24 August at 11:01PM I did say...

...you have until 4pm on Monday 23rd September 2023 to file your Defence.

Two things wrong with that...
1) obviously 23rd September isn't a Monday, and
2) I should've written 'Monday 25th September'.

In the court system, nothing is ever due at a weekend or a bank holiday.
I half adjusted the date - got the 'Monday' bit right - but didn't change '23' to '25'.

Clearly I got it wrong. Sorry about the panic I caused and no you haven't missed the boat.

perfect. I have sent off my defence, but will I need to send it again on Monday, as I saw somewhere that it is only accepted if done on a weekday and before 4pm. 

KeithP

As you say that you have received an automated email receipt, I can see no reason for you to send it again on Monday, but it would not do any harm if you wanted to do that.

1505grandad

27 Aug 

Written By Contestor legal service   -  (amused me but shame about middle "e" in judgment)

https://www.contestorlegal.co.uk/blog-3/an-advice-from-bw-legal-services-limited-for-an-application-to-strike-out-and-summary-judgment-has-costed-napier-parking-limited-106710

Le_Kirk

cearley02 said:

perfect. I have sent off my defence, but will I need to send it again on Monday, as I saw somewhere that it is only accepted if done on a weekday and before 4pm. 

The only reason we said to send it during working hours was because some posters reported non-receipt of defences outside of working hours.

cearley02

Hi everyone. The above parking fine has been taken to court, and I am due to attend a hearing on October 16th. Annoyingly, I have recently moved house and despite changing my DVLA address, I haven’t received any details from the county court regarding the time of the hearing, or whether it is still going ahead. Is there any way to check if the claim might’ve been withdrawn? I am going to call the county court tomorrow but last time I was 300th in the queue and didnt get spoken to! Also, in the event that I need to pay the fine, what is the easiest way of making sure the CCJ is wiped from my record? I’m aware it needs to be paid within 30 days, but want to make sure it won’t affect my credit rating. Also any tips for representing myself at the hearing would be massively appreciated!!

KeithP

cearley02 said:

Hi everyone. The above parking fine has been taken to court, and I am due to attend a hearing on October 16th. Annoyingly, I have recently moved house and despite changing my DVLA address, I haven’t received any details from the county court regarding the time of the hearing, or whether it is still going ahead. Is there any way to check if the claim might’ve been withdrawn? I am going to call the county court tomorrow but last time I was 300th in the queue and didnt get spoken to! Also, in the event that I need to pay the fine, what is the easiest way of making sure the CCJ is wiped from my record? I’m aware it needs to be paid within 30 days, but want to make sure it won’t affect my credit rating. Also any tips for representing myself at the hearing would be massively appreciated!!

Let me get this straight...

After having received a court claim over a year ago, you filed a Defence.
You then moved home but didn't bother telling either the court service or the Claimant your new address?

You say you changed your DVLA address, but was that for both your Driving Licence and your vehicle's Registration Document(V5c)?

How did you find out about the hearing on this coming Wednesday?
Have you filed and served a Witness Statement and evidence?

cearley02

@KeithP I moved home only a few weeks ago, and had genuinely forgot about the court date because it was decided around March time, and I hadn’t received any communication since. Witness statement has been filed with evidence (I believe this was the initial letter I received informing me of the date of the hearing). The most recent I received from the claimant was a letter regarding a 30% discount on the PCN - other than that I have received nothing.

cearley02

@KeithP address change was for both driving license and V5c.

Le_Kirk

cearley02 said:

I am going to call the county court tomorrow but last time I was 300th in the queue and didn't get spoken to! 

To save having to hang on the phone for an hour or more, you could try to find the court list on-line and see what cases are listed.

cearley02

@Le_Kirk I have tried to do that - do you know which website I should be looking at specifically?