County Court Hearing in August- need to send a defence?

Coupon-mad

Well they can get stuffed!  Your defence is fine and the WS and exhibits that I already suggested and linked will work to support your case.

What a load of misleading guff they sent you in 2021 with that letter. Trying to suggest you only have options to pay up or withdraw your defence and if not, they'll 'continue with the legal recoveries process'.  

Errrm...recoveries? But what about the other option that you have chosen - to see this thing through to a hearing?! They make out that there is no such option.  

We see some truly appalling conduct by some roboclaim firms, IMHO.


In general, going forward:

Why haven't you and the neighbour sent the managing agent and parking firm a 'cease and desist' letter, confirming that any attempt to run a poxy business in your owned bays, is trespass and if they ever touch any car there again you will seek legal assistance to apply for an injunction, then you will sue them for the costs and damages for harassment and distress, as Roger Davey did v UKPC:

https://www.consumeractiongroup.co.uk/topic/324523-ukpc-liable-for-trespass-success/

Pippilulu

Couponmad-thank you!  I have sent a cease and desist already and been very clear they never had permission to manage my property. Management company said I had, yet unsurprisingly have been unable to provide any evidence of such nor even a blank template of the form they claim all residents here signed agreeing to hand control of privately owned spaces over to a cowboy parking firm. 

(I should add that the reason I was in my neighbours space in the first place when I own a space myself is because we temporarily had 2 cars so I was having to park the second car a 10 minute walk away, my neighbour thought she was doing me a good turn when she was away and look at all the hassle it has caused ☺️) 

Pippilulu

Mouse007- it was sent to the court email address and they acknowledged receipt of it. 

Happy to be guided on proper presentation,  I would be very grateful as it would really sting to have to pay these cowboys! 

I have lots of documents in the form of the land registry deed for my neighbours property clearly showing the parking spaces make up part of our property. I guess I need evidence we are not leaseholders as I said in my defence email? 

Coupon-mad

You need everything I advised you to include, plus your evidence of ownership and the extra WS from the lady, and LR records of both bays.

The usernames I pointed you to are links to their profiles; you are recommended to read those threads and see how to present the bundle.  That's what my earlier reply was telling you about.

Le_Kirk

Two of your other discussions are here: -
https://forums.moneysavingexpert.com/discussion/5334434/parking-ticket-on-my-car-in-my-space-what-process#latest and
https://forums.moneysavingexpert.com/discussion/6316626/court-pack-received-help-with-defense-or-i-just-pay-it#latest

Pippilulu

Le_Kirk said:

Two of your other discussions are here: -
https://forums.moneysavingexpert.com/discussion/5334434/parking-ticket-on-my-car-in-my-space-what-process#latest and
https://forums.moneysavingexpert.com/discussion/6316626/court-pack-received-help-with-defense-or-i-just-pay-it#latest

Yes thank you I saw those, I can’t find the post I made about this ticket, I am sure I did ask about it at the time as was told my defence was terrible ☺️ 

Pippilulu

Coupon-mad said:

You need everything I advised you to include, plus your evidence of ownership and the extra WS from the lady, and LR records of both bays.

The usernames I pointed you to are links to their profiles; you are recommended to read those threads and see how to present the bundle.  That's what my earlier reply was telling you about.

Thank you, reading through them now. ☺️

Pippilulu

So a few days before my court date and I received the attached letter.

So assume this means no court appointment on the 8th but am pretty annoyed I am not getting my time with the judge- my Witness statement was pretty great even if I do say so myself and I was confident I would win given all the evidence I had accumulated. I had asked for £475 in costs given the amount of time I ended up spending writing up my WS, paying for land registry records and then the printing and scanning of 60 pages of a witness statement several times over. Now I won’t get a penny! 

Can anyone shed some light on what  do they mean that they still want to settle it? I am obviously not paying them a penny: I was hoping for money from them! Explains why I had a call from BW Legal today however the lady there did not get time to tell me why she was calling as I told her she had no authority to contact me by phone and never to call my number again. This was before I got the letter in the post. Do I call her back tomorrow or respond in writing and tell them I am not paying them a penny? Advice gratefully received as always ☺️ 

Coupon-mad

Same advice as yesterday here:

https://forums.moneysavingexpert.com/discussion/comment/79374714/#Comment_79374714

https://forums.moneysavingexpert.com/discussion/comment/79376710/#Comment_79376710

Do the same as I advised there, using the White Book wording mentioned about unreasonable conduct.

And by the way, well done: you won!

Another PPM and BW Legal one bites the dust!

Ignore the crap about the other PCN until (if) they file a claim, then rinse and repeat what you did for this case.  Or respond robustly and tell them to bring it on if they want a repeat.

I presume they are talking about a completely different PCN?

Pippilulu

Ah thank you! I will follow your advice from the other threads. Is it weird that I am gutted I don’t get to have my say? I worked so hard on the WS and thought I was going to be like Tom Cruise in A Few Good Men when I got my call with the judge ☺️

Of course, having a blonde moment/ it must be in regards to my other parking ticket with them. Case less robust for that one, car parked on the common land but will have a crack at it any way. ☺️

thank you for all your help!