Gatwick Airport - Drop Off Parking Defence

qwertyoffice

And today I received this email from BW legal....

Parties: National Car Parks (EUK) Limited - v - (Removed by Forum Team)
Hearing Date: 08/08/2023 at 10:00am
Defendant’s Application Hearing

 We refer to the above matter.

 We attach the Claimant's evidence which will be relied upon at the forthcoming hearing listed for 08 August 2023.

 The Defendant has been copied into this email for service purposes.

Please note that the Claimant will be represented by an advocate, who will be in attendance on the Claimant's behalf should the hearing listed for 08 August 2023 proceed.

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qwertyoffice

Oh sorry not sure why it did not paste them documents in the order I uploaded them! 

The_Loner

You’ve left your name on the BWL letter.

YankeeBrit

After going back through the whole thread, I still don't understand why you had to pay the £108 to the local court. The CCBC judge had set aside the CCJ and you had, on the same day, paid the CCJ amount in full to BWL.

Aside from the fact that you erroneously paid the CCJ which would have disappeared from your record anyway because of the set aside or a future set aside had it not been done automatically by the CCBC, you have been left dangling with the danger that BWL can still discontinue at any stage before the hearing and you would have then fight with them to get the CCJ amount you foolishly paid to them returned.

So, please remind us who told you you had to pay £108 for an N244 application for something to be amended?

Coupon-mad

qwertyoffice said:

So if you remember, I got a CCJ and had no choice but to pay BW Legal the funds they were demanding to get the CCJ removed because I was applying for a new mortgage and did not have time to wait for the judge to fix it.

I also paid £108 for the N244 form to get this set aside based on your advice. 

Ah forgot that.  Quite unusual and you definitely need a hearing ordering them to restore the level playing field or they could just discontinue now and walk away with your money.

You want an order for them to refund you and your case continues.  Otherwise they WILL DISCONTINUE - tell your Judge this is why you need that Order.

Johnersh

Interesting. I'd have thought it a manifestly unfair term that D is supposed to have agreed an unspecified sum which represents the *estimated* costs of recovery which is unlimited in amount 

Err. I don't think so.

I also can't find that wording on the T&C's on the website or the signage that they have helpfully transcribed, so how can the o/p have agreed that?  Does the sign say that an operator code of practice forms part of the contract? If not, that document can't be used as a basis to charge it either.

qwertyoffice

Since the hearing tomorrow is just to order them to restore the level playing field, do I need to go with any Witness Statement or any other documents please? 

Grizebeck

Yes go with documents on paper or tablet 
(I always use a tablet )

Coupon-mad

Take two copies of everything including proof of 'sent' emails in case the Judge hasn't got your submissions.

And proof of paying £108.

And proof of paying BW Legal.  Bank statement.

Coupon-mad

qwertyoffice said:

To update you all on this, I got the judgement set aside after the CCBC admitted they messed up my defence.

But as they said it could take 6 weeks to get the decision, I had no choice but to pay BW Legal in full to get the CCJ removed within the 30 day period.

When my defence got re-Instated, I requested for BW Legal to refund the money paid.
I have just received their response in the post today (attached), any advice on how I proceed please?
Are they allowed to keep the money despite 

my defence being re-instated?

Thank you all for your help so far
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Oh wait this isn't about setting aside the CCJ