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  • FIRST POST
    • Capt Mainwaring
    • By Capt Mainwaring 1st Jan 18, 9:10 PM
    • 55Posts
    • 19Thanks
    Capt Mainwaring
    Help and guidance please
    • #1
    • 1st Jan 18, 9:10 PM
    Help and guidance please 1st Jan 18 at 9:10 PM
    Hi

    This is my first post. I've read through some of the stickies and I've got to admit, my head is spinning a little. I could really do with some help and guidance, as I'm not sure where to go from here. I feel sick as I type this and I just want the whole miserable saga to end quickly.

    Two PCNs have been issued by a well known car parking firm. An appeal was done via their website to address the first one (this was perhaps nave but was done without any prior internet research). Unsurprisingly, they were not interested in the rationale. When the appeal didn't work, I then began to consult the various forums dedicated to this subject. Most of the comments I read were unequivocal, in that any further correspondence from the company or any follow up letters from a Solicitor should be ignored. This advice has been duly followed.

    The latest letter is headed - Notice of Pending County Court Claim - I've been fairly bullish to this point, as I don't believe any money is owed to this company (their machines were out of order on both occasions). However, I'm now at a point of what do I do next? Do I continue to ignore the letters and potentially receive a court summons? Should I write them a 'cease and desist' letter, as per the various examples I've seen. Perhaps I should have written to the Retailer that I visited on both occasions, although given the amount of time that has elapsed, I'm not sure if they can help...

    Please can you help, as this is seriously getting me down. Thank you.
Page 6
    • Capt Mainwaring
    • By Capt Mainwaring 10th Apr 18, 10:41 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi CM

    Can I email DJ Wright at Skipton Court to ask for one hearing?
    • Coupon-mad
    • By Coupon-mad 10th Apr 18, 10:46 PM
    • 56,350 Posts
    • 69,952 Thanks
    Coupon-mad
    Yes I expect so, Lamilad has posted an email for them recently, see post #99 for what to say.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 12:28 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi


    I've received another General Form of Judgment or Order through the post from the County Court at Skipton on Saturday.


    It is ordered that the claim shall stand struck out. BW/Excel have until this Friday (20/4) to apply for the order to be set aside, varied or stayed. I'm not sure what this means...


    Is this the end of the matter? or is it a bit like watching The Terminator for the first time - just when you think Sarah Connor is safe, the machine still keeps on coming!
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 12:44 PM
    • 56,350 Posts
    • 69,952 Thanks
    Coupon-mad
    Yay, you won!! Another BW Legal case crushed at Skipton! We should all move there...

    Wonder if they will grant your costs due to the unreasonableness of the claim & claimant.
    Last edited by Coupon-mad; 16-04-2018 at 9:32 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 16th Apr 18, 12:44 PM
    • 35,188 Posts
    • 19,306 Thanks
    Quentin

    Is this the end of the matter? or is it a bit like watching The Terminator for the first time - just when you think Sarah Connor is safe, the machine still keeps on coming!
    Originally posted by Capt Mainwaring
    It will be the end of the matter should the claimant not make any application to alter the judgement before close of business on Friday 20th
    Last edited by Quentin; 16-04-2018 at 12:47 PM.
    • nosferatu1001
    • By nosferatu1001 16th Apr 18, 3:59 PM
    • 2,315 Posts
    • 2,772 Thanks
    nosferatu1001
    C-M - BW Legal, not GS. Different bunch, same level of incompetence

    Struck out means the claim is gone. The C would have to pay to object to this.

    Worth asking the court to grant costs - if they struck it out without a hearing that means the claim was SO TERRIBLE the court coudnt be bothered with it.
    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 7:48 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi

    A large envelope from BW Legal was waiting for me when I got home (a nice touch, on my son's birthday).

    It is the PoC for the second claim, in which the driver's identity was never confirmed. I admit to being confused by this (it doesn't take much) but why send the PoC for this and not the other, when the driver's ID was revealed in that claim, which has now been struck out? Bizarre...

    I'm glad I told the Court that I did not receive the PoC for the first claim, as there is no way the three page letter they sent was the PoC, not based on the small tree worth of paper they have now sent to me.

    The General Form of Judgment or Order confirms that I have up to 14 days to file an amended defence but as the registered owner, what do you think I should do?
    • Quentin
    • By Quentin 16th Apr 18, 7:55 PM
    • 35,188 Posts
    • 19,306 Thanks
    Quentin
    Registered owner?? (Are you wanting to change from driver to owner not keeper?)

    Not sure what your question is?
    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 8:02 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi Quentin.

    Perhaps a silly question on my part but as no driver liability admitted, I wondered as the registered keeper, if I need to read their PoC page by page and adapt my defence, when they don't know who was driving or should I leave it unchanged?
    • Quentin
    • By Quentin 16th Apr 18, 8:09 PM
    • 35,188 Posts
    • 19,306 Thanks
    Quentin
    Is this new claim separate to the others discussed in this thread?

    (Did you get the 2 claims dealt with together as per your #101)
    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 8:27 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi Quentin

    It's not a separate claim.

    I was going to contact the Court to ask them to deal with both claims together. However, as one claim has been struck out, I didn't bother.
    • Quentin
    • By Quentin 16th Apr 18, 8:35 PM
    • 35,188 Posts
    • 19,306 Thanks
    Quentin
    If you didn't ask the judge he wouldn't have been aware of 2 similar claims!!


    Do you need to amend your defence,??

    If so take this opportunity to do so
    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 8:52 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Fair point. I was going to email them, as CM had recommended but before I did so, the Judge struck the other claim out.

    With no driver liability admitted in the second claim, I don't think their more detailed PoC will really affect my defence. I will, of course, read their letter and post again if I need any more help.
    • KeithP
    • By KeithP 16th Apr 18, 9:02 PM
    • 6,713 Posts
    • 5,954 Thanks
    KeithP
    Why not write to the judge suggesting that as one claim has already been struck out, then this identical one should be similarly despatched too?

    There are almost certainly better ways of putting it, and perhaps someone else can advise on that.
    .
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 9:38 PM
    • 56,350 Posts
    • 69,952 Thanks
    Coupon-mad
    How about emailing the Judge to thank her for that Order (attach a copy so she knows which Order you are referring to out of hundreds) and to inform her that another claim, with the exact same facts and no driver identified at all, is still hanging around.

    As such, you respectfully ask that she might now use the Court's case management powers to strike claim xxxxxxx out as well, and to consider granting your costs on the indemnity basis (costs schedule attached, explaining the unreasonableness of two separate attacks, as well as setting out your actual losses and LIP rate for a few hours at 19 per hour in researching the law & ploughing through their paperwork).

    Pointing out that they were both baseless claims, intimidating you, forcing you to waste family time (mention what you missed, birthdays etc., Easter holidays tainted with these cases and the worry that you might lose).

    Time - list it, with dates - ploughing through their inches of paperwork - a small tree's worth each time, yet both claims being penalties (distinguished from Beavis, pure intimidation via robo-claim) they were meritless. And this present one not even having a cause of action against a rk, since the driver is not identified and Excel never use POFA compliant Notice to Keepers.

    Etc etc.

    If you don't ask, you don't get!
    Last edited by Coupon-mad; 16-04-2018 at 11:23 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Capt Mainwaring
    • By Capt Mainwaring 16th Apr 18, 11:06 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Brilliant Keith and CM!

    I will send the Court an email tomorrow.

    Thanks.
    • Coupon-mad
    • By Coupon-mad 16th Apr 18, 11:24 PM
    • 56,350 Posts
    • 69,952 Thanks
    Coupon-mad
    Here's the cheekiest costs schedule that was allowed (push it, this is Skipton!):

    https://padi.zendesk.com/hc/en-us/articles/115002886754-Successful-Costs-Application

    HTH
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Capt Mainwaring
    • By Capt Mainwaring 17th Apr 18, 12:48 PM
    • 55 Posts
    • 19 Thanks
    Capt Mainwaring
    Hi CM


    I've spoken with Skipton Court and they have given me a different email address to the one I found online. Judge Wright is in Court tomorrow and they told me she would consider my request then.


    Many thanks for help and advice. I'll let you know what they say.
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