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Ipserv / BW claim

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Comments

  • Le_Kirk
    Le_Kirk Posts: 27,326
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    To which e-mail address (exactly) did you send it?
  • roo0713
    roo0713 Posts: 25
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    edited 3 January 2024 at 2:35PM
    It was CCBCAQ@justice.gov.uk. I tried one Gmail and two Outlook addresses, and it appeared to go through yesterday with the second Outlook address with an instant acknowledgment. Not exactly sure why this was but at least it went through in the end.

    However, I have now logged onto MCOL to check that the defence was received and what is concerning me now is that it says: 

    "A bar has been put in place on this claim. You cannot respond to the claim at this time"

    The status doesn't appear to have updated since I filed the AOS on the 11th December, is it worth waiting for a bit to see if it updates on its own or ringing CCBC to find out why there's a bar? Even though I had trouble sending the defence off initially I'm still well within the time limit so I'm confused as to why a bar has been put.
  • Coupon-mad
    Coupon-mad Posts: 166,458
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    Well, as you got an auto-receipt email at last and your deadline isn't even this week (as long as MCOL  shows the AOS was done) you are safe.

    Maybe the bar is because they've seen your email but just haven't updated the history yet.
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  • roo0713
    roo0713 Posts: 25
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    edited 12 January 2024 at 6:11PM
    Hi all,

    As of today, nothing has changed with the status on MCOL, which I've attached here.

    I did ring CCBC on Monday to ask what was going on, and they confirmed because I sent my defence on the 2nd I was on time and it should take 1-2 weeks to get processed, so next week I will chase this up with them again if it doesn't change. I looked at the acknowledgment email I received and it mentioned something about a backlog, so I'm hoping this is why the bar was put on my case.

    However today I received a worrying email from BW Legal, offering me a payment plan and giving me until the 31st or they will apply for a CCJ. Am I right in thinking that this is safe to ignore as I've sent my defence, and is an automated email because the deadline has passed?

    Surely if there is a bar on the case (for whatever reason) they have no right to even apply for judgement anyway?
  • Umkomaas
    Umkomaas Posts: 45,061
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    I think the bar is in place to stop a judgment in default being applied for by BWL. Some of the roboclaim solicitors have the default judgment application set up automatically, it just happens in the background at the deadline date, with no human intervention. Wallop - CCJ incoming!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • roo0713
    roo0713 Posts: 25
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    That would make sense in this case, and if so I'm glad the courts caught onto it. Madness how they can do it automatically like that! :open_mouth:

    If I do need to ring the CCBC next week, I will ask them to clarify the reason for the bar themselves. Now I'm struggling to understand the point in the BW email if they can't even apply for judgment to begin with because of the bar...  :p
  • Castle
    Castle Posts: 5,215
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    roo0713 said:
    Hi all,


    However today I received a worrying email from BW Legal, offering me a payment plan and giving me until the 31st or they will apply for a CCJ. Am I right in thinking that this is safe to ignore as I've sent my defence, and is an automated email because the deadline has passed?

    Surely if there is a bar on the case (for whatever reason) they have no right to even apply for judgement anyway?
    31st of which month?
  • roo0713
    roo0713 Posts: 25
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    Castle said:
    roo0713 said:
    Hi all,


    However today I received a worrying email from BW Legal, offering me a payment plan and giving me until the 31st or they will apply for a CCJ. Am I right in thinking that this is safe to ignore as I've sent my defence, and is an automated email because the deadline has passed?

    Surely if there is a bar on the case (for whatever reason) they have no right to even apply for judgement anyway?
    31st of which month?
    January, apologies for not making that clear
  • roo0713
    roo0713 Posts: 25
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    Hi all,

    I finally got BWL's generic "intention to proceed" through the post and now my DQ, which I've filled in for the most part according to the defence and claim procedure threads and I will send to CCBC during the week. However there's two things I just wanted advice on:

    I'm not too sure how I should send BWL a copy of my DQ. I looked through the forum here and someone suggested disputeresolution@bwlegal.co.uk which is the email address I used for both PCNs at the LBC stage back in July last year. I got a response over a month later from BWL (coming from parking@bwlegal.co.uk), ignoring my request to put the case on hold saying this email was no longer a valid way to contact them as they're "changing the way they communicate with customers". They referred me to use their webform, saying my email was undelivered.

    Would I be okay to use the webform or even the parking@bwlegal.co.uk address? Does anyone know if this one is still active, and is there any repercussions for me if they end up ignoring me again (as long as I keep proof I sent my DQ to them?)

    The other thing was that I'd like the case allocated and heard (if it actually gets that far) in Ipswich. However, GOV.UK's site (https://www.find-court-tribunal.service.gov.uk/courts/ipswich-county-court-and-family-hearing-centre) says this:

    "Please note that Money Claim matters are not being dealt with at Ipswich County Court."

    This is confusing me as I remember seeing on here when I was drafting my defence a case that was struck out upon allocation by a judge in Ipswich in September 2023 for similar reasons with the POC. If I can find it again I will share the link.

    But at the moment I'm not really sure what to do - still put down Ipswich or Norwich instead (as that is mentioned on the page)...?

    Sorry for the long one, just want it all sent off quickly :) TIA
  • Trainerman
    Trainerman Posts: 1,329
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    More underhand shenanigans from the parking industry, designed to make life harder for the victims. How, prey tell, do they know that there was an email, if it was not delivered hmmmmm?
    The pen is mightier than the sword ..... and I have many pens.
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