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Letter of Claim by BW LEGAL

13567…10

Comments

  • Coupon-mad
    Coupon-mad Posts: 131,373 Forumite
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    That's OK, and not a mistake, and you will be using your permit in evidence, to be consistent with your case.

    The words in #8 are not saying you didn't have a permit. It's saying that they make no offer of parking available to drivers not displaying a permit and thus the signs are incapable of being construed as a contract to people like you, not displaying a permit for whatever reason.

    The signs don't say 'If you have a permit you must display it'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
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    okay, fantastic.

    I shall amend that as well. Thank you.
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
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    I am looking to print, sign, scan and send but have been going over defence in detail.

    Paragraph 2 currently states:

    2. The Particulars of Claim on the N1 Claim Form refer to 'Parking Charge' incurred on 8/11/2018. However, they do not state the basis of any purported liability for these charges, in that they do not state what the terms of parking were, or in what way they are alleged to have been breached. In addition, the particulars state 'The Defendant was driving the vehicle and/or is the keeper of the vehicle' which indicates that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5.

    But on the N1 it only says 'The PCN relates to Audi under registration xxxxx' and then goes onto say 'Despite demand having been made, the Defendant has failed to settle their outstanding liability'

    Not once here have they mentioned me as owner or the driver of the vehicle. So will I need to change the close of the paragraph that links to Civil Procedure Rule 16.4 and Civil Practice DIrection 16, paras. 7.3 to 7.5?

    Thanks once again.
  • Coupon-mad
    Coupon-mad Posts: 131,373 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Yes it's a minor point, but just change it by removing:

    ''In addition, the particulars state 'The Defendant was driving the vehicle and/or is the keeper of the vehicle' which indicates that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices.''
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
    First Post First Anniversary
    Just a quick update:

    I submitted my defence to the court and received a letter confirming they had received it.

    On the letter the court stated that the claimant had 28 days to proceed or the case would be ‘stayed’.

    That was 10 days ago and I’ve heard nothing so far.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Yes, but you dont know how long the courts backlog is

    Call the court and find out if the claimant asked to proceed in time or not.
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
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    Yes I will do when the 28 days have elapsed.

    Currently they still have plenty of time to proceed.
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
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    So a little update:

    As of today BW legal have decided to continue and have notified the court.

    So I guess it’s time to wait for a court date.
  • ajbeats17
    ajbeats17 Posts: 51 Forumite
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    Hi all,

    I’ve just completed the Direct Questionnaire as advised and will be posting it tomorrow.

    I am moving out of my current property (where the claim was made) in 3 months so I will get a forwarding address from move out date.

    Is there anything I need to collect now whilst I am in the current address?

    As some have said I will have 20+ months to wait now but I don’t want to miss an opportunity to collect a good evidence file.
  • KeithP
    KeithP Posts: 37,556 Forumite
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    ajbeats17 wrote: »
    Hi all,

    I’ve just completed the Direct Questionnaire as advised and will be posting it tomorrow.
    Return your completed DQ to the CCBC using the same email address and the same method as you used for filing your Defence. refresh you memory on that by re-reading post #11 above.

    Do not forget to send a copy to the Claimant - address on your Claim Form.
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