Seeking urgent help

Rose212

Hi,

Firstly apologies as I wish I'd have found this thread a long time ago and secondly after reading all the threads I know I may have done this all wrong, after trying to do the right thing. 

I received a parking fine last year after caring for my grandfather, who had undiagnosed vascular dementia at the time. The car had just been signed over into my name as he could no longer drive. The parking ticket was from swan pool Cornwall, my grandfather always likes to deal with the parking, I didn't realise he had placed the ticket face down, after coming back to the car I saw it was faced down. I received a parking fine a few weeks later, however I had been staying with my grandfather and the letters were all going to my home address in Bristol, I was at his for a long time due to lockdown restrictions. I called eventually to explain and they told me I must appeal, by this point it had been too late, I went online to the county court gov system and registered my defence, explaining what happened. I did use "I" and it was a very short paragraph. This has been rejected. I've also now received small claims court letters and most recently a letter from BW legal stating they will be asking the court to issue a county court judgement against me should this go to a final hearing, they then go on to say about the free mediation, I know this isn't the way to go advised in previous threads advice and ticked no in the small claims court letter. I have not done an appeal yet to the CC email, is it still worth me doing this, or has it gone too far. I'm feeling a little lost and a bit overwhelmed as to what to do, is it better that I pay up, it is now at £254.16. 

Many Thanks for your time and apologies in advance. 

Rose212

Just to add the letters come from BW legal on behalf of KBT COrnwall LTD t/a Armtrac Security Services

Le_Kirk

Have you actually received a N1 claim form from Northampton CCBC?  If so what is the date of issue and what did did you complete the AoS?  What EXACTLY did your defence say and to where di you send it?

Umkomaas

Do you have a formal County Court Claim Form sent to you from the Northampton CCBC?  If so what is the Date of Issue shown on the form?  Have you responded to the CCBC acknowledging receipt of the claim?  If so, on what date?

Coupon-mad

 I went online to the county court gov system and registered my defence, explaining what happened. I did use "I" and it was a very short paragraph. This has been rejected. 

Your defence has not been rejected.  Surely you are just at witness statement stage?

 I've also now received small claims court letters.

What exactly, word for word?

Rose212

Yes I did receive an N1 and responded on 25th November, I am not with the paper work to give you exact details, I will attempt to log into The MoJ website and see my exact wording. 
From memory I said

My grandfather paid for the ticket and I had not noticed it was faced down. He was undiagnosed vascular dementia at the time. 

Le_Kirk

Rose212 said:

Yes I did receive an N1 and responded on 25th November, I am not with the paper work to give you exact details, I will attempt to log into The MoJ website and see my exact wording. 
From memory I said

My grandfather paid for the ticket and I had not noticed it was faced down. He was undiagnosed vascular dementia at the time. 

I hope you did not put the defence into that pathetic box on the MCOL website!  What you said, unfortunately, is a poor defence and let's hope we can rescue it at witness statement time.  One of the oft used strategies is to say that the ticket had (or should have had) a serial number on both sides.

Redx

Show us a redacted copy of the rejection , plus tell us who issued it and what you are required to do next

You cannot appeal to anyone at this stage

Rose212

Le_Kirk said:

Rose212 said:

Yes I did receive an N1 and responded on 25th November, I am not with the paper work to give you exact details, I will attempt to log into The MoJ website and see my exact wording. 
From memory I said

My grandfather paid for the ticket and I had not noticed it was faced down. He was undiagnosed vascular dementia at the time. 

I hope you did not put the defence into that pathetic box on the MCOL website!  What you said, unfortunately, is a poor defence and let's hope we can rescue it at witness statement time.  One of the oft used strategies is to say that the ticket had (or should have had) a serial number on both sides.

I think so, it was just the online form with the defence box the the money claims website through the MoJ. I've really messed this up and am feeling quite the fool. I think I was just so concerned about other things at the time. This whole process has been so cruel and threatening, I'm so grateful for your advice. 

Rose212

The letter previous to the one above was a county court letter asking If I would like to chose mediation over small claims, and at which small claims court I would like to attend. I said no to mediation and am based in Bristol. Send this back via post, I don't have any copies of these either. I'm sorry about this.

Coupon-mad

OK so do you have a hearing date yet?

Please just take a week out from this thread to read the NEWBIES thread to learn what to do when.  That's the preparation you now need to do.   Second post of the NEWBIES thread, red heading 'IMPORTANT - know what happens when'.

Stop reading BW Legal template drivel like it actually means something.

Your defence has NOT been rejected.  Sadly, it was a terrible mistake not to slow down and come here to research court defences first, though.  It may lose you the case but it may not.  Carry on and do things properly from now on.