Gatwick Airport - Drop Off Parking Defence

qwertyoffice

Questions:

- when you emailed the DQ that the CCBC lost, did you copy in BW Legal TO THE SAME EMAIL?  Did they know you had filed & served your DQ all along?  Did you get an acknowledgement email from BW Legal, to the DQ?   

- was this BW letter - or the email attaching it - marked WITHOUT PREJUDICE SAVE AS TO COSTS, or nor?

No I did not copy my DQ to BW Legal.


It was sent as a letter and was not marked WITHOUT PREJUDICE

qwertyoffice

As per coupons advice, I am about to email the court the following, does it sound ok please?

Hi Janet

As you know, I had to pay the claimant when judgement was made against me in error.
I had to do this In order to get the CCJ removed from my credit file within the 30 day period, as CCBC told me it will take 6 weeks to get a decision from the district judge for it to be set aside.

I have requested BW Legal to refund me the monies paid as you instructed, and they have refused (their letter confirming this is attached).

Can you please urgently request the district judge to amend the attached set aside order to include the following clause:

“The Claimant to reimburse the Defendant the sum of £276.74 in order to allow the case to continue as a defended claim without monies having been paid by either party.”

Coupon-mad

It was sent as a letter and was not marked WITHOUT PREJUDICE

OK so you can show it to the CCBC then, good!  Definitely attach it.

I think you need to be more formal and talk about your right to object to the order dated (date) because it does not restore both parties to the position they would have been in but for the CCBC mislaying the Directions Questionnaire.

Also you haven't said that the sum was not paid as any admission of liability (use my wording) which the Claimant knew because the claim was defended in full.

And you MUST spell out the danger you are now in, if the Claimant simply discontinues (use my wording; talk about the overriding objective) otherwise the Judge will say 'the Defendant can raise all this at the hearing' (a hearing that will not happen if BW are allowed to do this; you won't see them for dust...).  

Do NOT copy in BW but send them a separate email telling them you have now objected to the order dated (date) which does not go far enough; as such they must put the case 'on hold' until a new Order is issued.

Do not go into more detail.

qwertyoffice

Hi Coupon, I really appreciate your time on this, thank you!

So email the court this then?

Hi Janet

We, the Defendant, object to the attached order because it makes no mention of the fact that the Defendant has had to temporarily pay the Claimant £276.74 to avoid a CCJ being on the register whilst the court sorted out their error over a period of weeks.

The Claimant is now acknowledging that the defence is reinstated but (see attached BW Legal letter) is unreasonably refusing to pay that sum back, which was never paid with any admission of liability.

Not only does that mean this Claimant will almost certainly now discontinue and entirely get away with this conduct, but it appears to fly in the face of the overriding objective to achieve justice at low cost to the parties.

As such, the Defendant respectfully asks that this order should be set aside and replaced or amended with an added clause in order to put both parties back in the position they would have been in, had the court not made the error with the mislaid N180 form.

Namely: the Claimant to reimburse the Defendant the sum of £276.74 in order to allow the case to continue as a defended claim without monies having been paid by either party.  Thus avoiding placing the Defendant at risk.

Clearly, the current order leaves the Defendant at immediate risk of a discontinuance which would end the litigation and the Defendant will never be able to recover the monies (that were temporarily paid to 'hold' the CCJ and prevent the court's error from affecting his credit file).

Best regards

Sam

KeithP

Alternatively, I wonder if HMC&TS would reimburse the Defendant that £276.74?

After all, it was the CCBC that created this mess.

Boat_to_Bolivia

I'd begin the email with Dear Janet and end with Yours Sincerely.

And I completely agree with @KeithP's comment above!

Coupon-mad

Yes, I agree about HMC&TS being liable for losses but that's covered in my suggested point (c) and is the 'safety net' final option later.

Better to get BW to wind their necks in.

To the OP, yes, send that.  Not "we" the Defendant, though (sounds odd). You could add that if the CCBC refuses to amend the order without fee, the Defendant will require HMC&TS complaints team to investigate and order the sum to be paid as compensation.

Then separately email BW Legal an hour later (leave a gap) using the vaguer wording I gave you.

qwertyoffice

Ok I have sent that to Basildon court who are now handling this case.

I will send the following to BW Legal in a bit.....

Dear Sirs

We have objected to the order attached which does not go far enough; as such please put the case 'on hold' until a new order is issued.

Yours faithfully

Sam

B789

@qwertyoffice  you need to be much more formal in your correspondence. These are not your colleagues or mates. You are dealing with important, serious, matters. You should start all correspondence with "Dear Mr/Mrs/Ms/Miss(or whatever) last name" and you should be signing off with "Yours faithfully full name".

qwertyoffice

Just to update you all. 

To get the set-aside order revised, I had to send it on a N244 form and pay a further £108 on the 15th of March.
I still have not had any response from it yet.

But today I received an email back to my original complaint (sent months ago!) to the CCBC with the following...:

********

WITHOUT PREJUDICE

Thank you for your email about your complaint. I'm sorry to hear you're not happy with the first response we sent you.  I have looked into your case, reviewed our response to you and also reviewed the email you have further sent to us.

Firstly, I would like to apologise for the delay in my response reaching you, I am sorry you have not received a response to the further concerns you have raised with us sooner.

From looking at our case management system and reviewing the file, I can see that judgment in default was entered erroneously against you on the 14th December 2022, this was as a result of your defence being struck out incorrectly.  On the 10th January 2023, we referred your case to a district judge as a result of the court error that was made, the district judge ordered that the judgment be set aside.  The judgment was set aside on the 16th January and registry trust were notified of this. 

I am sorry that judgment was entered against you incorrectly which caused you distress and delay in your case, and by way of an apology I would like to offer you an ex-gratia payment of £200.  You will appreciate that any payment we make comes from the public purse.   If you would like to accept this sum please let me know in writing and I will arrange payment to you. Please provide your bank name, account number, account name, and sort code to enable the money to be transferred to your bank account. Please allow 20 working days for the money to reach you after I have received your acceptance.

As a result of the judgment being set aside, your case was transferred to Basildon County Court to continue through the court process.  I can see that you have already been in touch with Basildon County Court about your case and how this is progressing.

Once again, I am sorry for the mistake that was made, this isn't the level of service we want to give our customers.

***********

Should I accept this refund or request the additional £108 for the N244 form and the £276.74 I had to pay BWlegal to get the CCJ removed in time?   Total £584.74 including the £200 compensation they have already offered.

But I have still not heard back yet from Basildon court who is now handling this case with regards to the revised set aside order we have requested as per @Coupon-mad kindly drafted for me.