BW Legal... County Court Claim Form 20 May 2022 at 8:30PM in Parking tickets, fines & parking 29 replies 533 views

bpatts2022

KeithP said:

bpatts2022 said:

If I have submitted my defence the evening of the final day of the AOS is that an issue?

I appreciate the guidance says in working hours and by 4pm but due to personal circumstances, I wasn't able to as planned.

You had over four weeks to file a Defence.

Let's hope it works.

Did you receive an email auto-receipt?
If not, I suggest you send the email again during early working hours tomorrow.

Missing that deadline leaves you open to the Claimant seeking a Default Judgment against you, but that won't happen before 8am tomorrow.
That's game over.

I have received an auto-receipt yes. So I am ok?

I can re-send again before 8am if needed but the auto-reply states not to resubmit.

Appreciate your help.

KeithP

bpatts2022 said:

KeithP said:

bpatts2022 said:

If I have submitted my defence the evening of the final day of the AOS is that an issue?

I appreciate the guidance says in working hours and by 4pm but due to personal circumstances, I wasn't able to as planned.

You had over four weeks to file a Defence.

Let's hope it works.

Did you receive an email auto-receipt?
If not, I suggest you send the email again during early working hours tomorrow.

Missing that deadline leaves you open to the Claimant seeking a Default Judgment against you, but that won't happen before 8am tomorrow.
That's game over.

I have received an auto-receipt yes. So I am ok?

Yes, that'll be ok.

Just keep following the guidance in that checklist in the Template Defence thread and in the second post of the NEWBIES thread.

bpatts2022

OK so I have now received a 'Notice of Proposed Allocation to the Small Claims Track'.

'It appears that this case is suitable for allocation to the small claims track'. If you believe that this track is not the appropriate track for the claim, you must complete C1 on the Form N180.

I have until 15/7 to submit a N180. 

Please advise on what I do now!


Also, can you give me some reassurance of if I don't win in court, what's the worst case scenario in terms of £ that I will have to settle? Plenty of scaremongering from BW Legal in more letters regarding CCJs too.

KeithP

bpatts2022 said:

OK so I have now received a 'Notice of Proposed Allocation to the Small Claims Track'.

'It appears that this case is suitable for allocation to the small claims track'. If you believe that this track is not the appropriate track for the claim, you must complete C1 on the Form N180.

I have until 15/7 to submit a N180. 

Please advise on what I do now!

Perhaps you should re-read my post on your thread on 31 May at 10:48PM.

Go back to that checklist you were following when you filed your Defence.
Items 7, 8, 9 and 10 on that list tell you exactly how to deal with that.

bpatts2022

I've followed the guidance, but it appears the N180 form has been updated in June and now has another question? 

Could you advise what the answer should be for this? Its worth noting that the guidance on the post now has a different number sequence because of the change too.

D1 Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

If No, please state why not.

https://www.justice.gov.uk/__data/assets/pdf_file/0009/177363/n180-form.pdf 

Coupon-mad

You just need to read the thread about it. It's by @Grizebeck in June.

bpatts2022

My court date is confirmed as 30th March.

Can I get some guidance on what this looks like or signposting to a thread for this?

From reading the documents, I need to pay a £27 court fee beforehand and submit a witness statement and supporting evidence at least 14 days before.

Coupon-mad

Why are you planning on paying the parking firm's hearing fee for them?  Of course it doesn't cost you money to defend a claim. It sounds like you need to refer back to the NEWBIES thread advice.

The NEWBIES thread tells you about WS stage, so you were expecting this.  Show us your draft.

You can base it on the one by @SJRRJS

bpatts2022

Mis-read the letter, didn't see 'claimant'.

bpatts2022

Hi all, 

Firstly thanks for your support so far. I have my court date on Thursday and would only have got to this point because of the support and guidance in this forum.

On my mind is IF for whatever reason the judgement doesn't go my way, does a CCJ get issued immediately and affect my credit rating? Or is there a settling period where this is avoided?

Some clarity on this to stop me thinking about what may happen would be appreciated.