A long and complicated read, but need help please!

joeypin74

Hi my wife wrote for advice on my behalf a while back re: a PCN received and subsequent issues arising from that.

By way of an update. 

Basically, after following all advice as laid out in the Newbies thread, I was told a hearing had been made.
Despite being set on dates that I could not attend, the case went ahead anyway. Due to my not attending, the case was awarded in favour of the Claimant, and I was ordered to pay courts costs and fines.

Several months later, after appealing to courts and providing evidence I had indeed informed of dates that could not be attended etc, the courts have relisted the case.

Solicitors are now saying that all monies have been paid in full (despite there being one final instalment of the debt to pay) and that they intend to contact courts to inform them of closure of the case and to vacate the upcoming hearing.

Now the questions I would like help with.

I fully intend to go to court to defend the claim. So, if I go to court and I win this settlement, then am I able to ask the courts for compensation due to all the issues (including a CCJ that was issued while trying to resolve the date disputes with court and lodging an appeal etc)
If so how do I go about claiming if I intend to represent myself? Are there official forms/ paperwork that need to be submitted?

I am beyond frustrated with the system, and how it lets individuals who have no prior knowledge of the court system down, and how serial litigators get away with underhand tactics. I would like to attempt to hit them where it hurts - I just need advice on jhow to do it, assuming I win of course.

Any advice or previous experience in all this would be appreciated.

Coupon-mad

If you have been paying them, there is no leverage to stop them discontinuing and running away with your money. We would never have advised you to pay under these circumstances of court error.

Hmmm... is it BW Legal? Or who?

I'd send them an urgent LBC stating that if they discontinue the claim at this late stage (in between a hearing unfairly heard in your absence and the replacement hearing) AND do not return the money which was only paid to prevent the court error affecting credit rating, you will sue their client for a sum not less than the amount they have kept, plus interest and court fees, and a nominal sum for damages for distress due to their wholly unreasonable conduct.

You need to send them that shot across the bows NOW, before they discontinue.  They will, any minute... there is nothing in it for them to attend or continue this process at all, their view is: "why should they?"

If you do nothing this week your hearing will be vacated in a puff of smoke.

joeypin74

In response, I challenged the courts about the original listing, I got no response from the court, so to avoid a CCJ I (reluctantly) agreed a payment plan. I made appeals and complaints about conduct and received a phone call from the court and eventually a relisting from the court.
I have since had the following response

 ' Further to previous correspondence, we note that the matter has now been paid in full and we put you on notice that within seven days of this email it is our intention to inform the Court of your payment which will vacate the re-listed Dispute Resolution Hearing and ultimately conclude the matter'

I was going to respond to this email refuting this claim as one payment is yet to be made (with evidence from solicitors this morning informing me of this) and cc the courts in the mail with the Case reference as evidence that they intend to pull out despite the debt not being pain in full.

Can they just vacate the case? what will happen if they do this?

Coupon-mad

I told you what will happen if you don't send a LBC.  The hearing will be vacated.

You will have to sue for that money back.  You should never have paid.

Grizebeck

Coupon-mad said:

I told you what will happen if you don't send a LBC.  The hearing will be vacated.

You will have to sue for that money back.  You should never have paid.

People often turn a blind eye to the advice given

joeypin74

But I don't see how I couldn have refused? I was ordered by the court to pay costs? At that point I had lost and was receiving zero contact from the courts? what else was I meant to do? I would have ended up with a CCJ if I hadn't paid? I don't see how I had any other options?
I am writing to the court and explaining all of this now. Could you please assist in what a LBC is? it is a letter before court? does that just mean an email to the court with the case reference on?

Coupon-mad

We do understand.

But we would never have advised you to pay because it was a clear listing error and the CCJ would only have been a temporary 'dip' till it was resolved.

Be grateful they've given you seven days as a heads up to the inevitable discontinuance!  You must get in there robustly so they know where you are at.

An LBC can be Googled. Which? do an example of one as a template I think, as does MSE somewhere.

It is not copied to the court.  It is not an email - although it can be attached to an email as well as posted 1st class to their solicitor.

Nothing to do with the local court.

joeypin74

Thanks, so do I send this as a claim to the Solicitors or the Parking firm?

Grizebeck

I fear that going by this thread and your actions your just going to be wasting money and time.

joeypin74

Sounds like I was seriously let down by the system. I used my N180 for to inform courts of dates that could not attended. They set it for those anyway. I tried and tried and tried to contact them via telephone and email, to no avail. Eventually I made an official complaint through the court complaints procedures and it as taken nearly 3 months to get it relisted.
I had to pay the money to avoid a CCJ, and Now the solicitors despite being paid can pull out / vacate the case?

I can as you say take them to small claims, but at my expense and without legal training? 
 Another example of unfair this whole system is and how anyone with no legal standing has no chances against these legal parasites. 

Fruitcake

joeypin74 said:

Thanks, so do I send this as a claim to the Solicitors or the Parking firm?

It is not a claim, it is a letter before claim. You can't make a claim unless you do this first. Send the LBC to the parking company and a copy in their solicitors. This can be done by email with a copy or blind copy to yourself. Back it up with a paper copy if you wish, sent first class from a Post Office counter, ensuring you get the all important free proof of posting.

Do it now.