County Court Claim Form, Britannia Parking / BW Legal

qwertyoffice

qwertyoffice said:

Hi

The court hearing is on 9th of August, but I have received the attached letter from the court saying it will be a block hearing list.
They want me to be there the whole day, and cannot even promise the case will be heard!

I am self employed and cannot afford to take a full day off work knowing it might not even get heard on the day.

I need to look up the next steps on submitting evidence from the newbies thread, can I fight this without attending court? 

Going back to this, now I have submitted my WS, shall I let the court know I will not be attending? 

Coupon-mad

You MUST DO THAT TODAY.  By email to the local court.  Before 3.30pm.

Do not copy in the Claimant's solicitor because they don't need to know and they MIGHT still discontinue.

You have to tell courts at least a week before. That is today!

But by doing that (if this hearing goes ahead without you) we'd caution that you are very likely to lose.

Are you sure you want to do that? Hundreds of pounds at stake and quite possibly being found 'unreasonable' too (for not attending), which potentially adds another few hundred on top, for their legal rep's all day attendance.

Surely that's more at stake than taking a day off?

qwertyoffice

If it was at the set time of 10am, give or take an 1 hour wait time then I would go.

But to take a whole day off work will cost me more than the amount they want from me, and that is if they even get round to seeing me as from their letter it says it might be postponed to another day!

I won't even know what to say in court as I have blagged it so far using this forum, so I would be probably better not being there because I might end up saying something stupid!

But now you have said they might add a few hundred pounds on top I might just throw the towel in now and pay the £250 odd they are claiming

Coupon-mad

No, that's not the remedy at all.  And it would be money down the drain if they are about to discontinue!

To avoid being held unreasonable you just email the local court like I said, NOW, so you can't be deemed unreasonable.

You have an hour to tell the court about your non-attendance.  By 4.30 would be OK, must be sent in working hours.

qwertyoffice

Does this email sound ok......

Dear Sirs

 

Regarding the small claim hearing listed for 9th of August 2023.

After finding out it will be a block hearing which requires me to take a full day off work, with no guarantee the case will be heard and a possibility it will be re-listed on another day, I would like to inform you that I will not be attending.

 

I hope my Witness Statement I already sent previously is enough for the judge to award the case to me.  Thank you

Coupon-mad

That's fine but in fact I will change my advice and I say you must cc in the Claimant's legals.

Someone just won a case this afternoon because Gladstones didn't copy them into a similar email!  So copy BW Legal in.  I assume it's them.

qwertyoffice

Just opened this lovely letter, thank you all very much for your help with this!

YankeeBrit

A discontinuance is as good as a win. Well done for persevering.

Coupon-mad

Yay!  BW Legal?

Nicely done.  Discontinuance (they clearly didn't like a block hearing either!).

ANOTHER BRITANNIA ONE BITES THE DUST.

And we sincerely hope that you are au fait with the need to respond to the private parking draft Impact Assessment this month?

You want to help us change the law?

To be clear, we are nearly there; it's not a petition or some weak campaign, it's a final push on a law already passed, to cap the £PCN levels and ban the fake DRA fees.

The Government has a Call for Evidence open right now.

We are also wanting photos of unmanaged car parks snd Tesco/Sainsburys £70 signs please.

All discussed here:

https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p6

qwertyoffice

Yes it was BW legal, now have one more case to fight with them on a different PCN!

Hopefully now they know I mean business they will drop that one too!