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Letter of claim - BW legal

2

Comments

  • ChirpyChicken
    ChirpyChicken Posts: 3,104 Forumite
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    Wait because I'm changing the advice within days then I'm off on holiday.
      A lady of leisure  :*
  • Coupon-mad
    Coupon-mad Posts: 161,814 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Deservedly retired and free to enjoy music festivals, high days and holidays. You'll get there when you are as old as me, teehee!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • In case I don't have chance to thank you and say so before you go:

    Have a lovely break, and thank you!
  • Dear forum people. I have read @Coupon-mad's new 8 steps, which are again incredibly clear. Thank you. Please could someone cast their eye over my paragraph three? I am still not quite sure if I am giving too much/too little detail. Proposed wording is:

    "On the day in question the defendant dropped his daughter off at a McDonalds near the car park, so she could place an eat-in order. He then took his son and parked in the car park. The defendant denies that they were provided with the means to pay for the parking as the car park has just one machine installed and at the time and date stated, it was out of order. The defendant made efforts to pay via the app, but this would not go through. Upon realizing there was no other way to make payment the driver collected his daughter, changed the food order from eat in to takeaway, collected the food which had been ordered, and left. Upon discovery that the claimant was not providing means to make payment, the car could not have been removed from the car park any quicker."
  • Car1980
    Car1980 Posts: 2,863 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 11 July 2025 at 6:18PM
    "any more quickly" sounds better 🙂

    You could add 

    "In any case, inability to accept payment nullifies the contract as no consideration was exchanged and therefore it was not completed. There is no remedy to the Claimant for the vehicle remaining on site as its trespass would be a matter for the landowner. The Claimant's failings do not and should not entitle them to restitution."




  • Brilliant. Thank you very much. Will get it written up and in.
  • Gr1pr
    Gr1pr Posts: 13,608 Forumite
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    edited 11 July 2025 at 8:50PM
    Your deadline,  if you completed the AOS,  is 33 days after the issue date from the top right of the claim form,  but no harm in copying and pasting your final defence into the defence box on MCOL once completed

    So 5th August at 4pm
  • weary_toaster
    weary_toaster Posts: 14 Forumite
    10 Posts Name Dropper
    Evening all. I have my "Notice of allocation to the small claims track" and a court date for Mid-February at Birmingham County court. I have written my statement ready to email and will be sending it (I believe) to:

    e-filing@birmingham.countycourt.gsi.gov.uk

    Does that sound like the right/best email address. The letter says to send it to the court office, but I am not fully clear which email address to send it to?

    Any help gratefully received.
  • I am really sorry but I have sent it and that email address has bounced it back? Does anybody know a different one?
  • Coupon-mad
    Coupon-mad Posts: 161,814 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The 'gsi' is old.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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