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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
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    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
    • thread tidied. new thread for the court claim is here  
    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
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Black Horse have issued a court date for possession of my car Please HELP


Guest suziedarkness
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The judge will review what's happened so far, then decide what issues are unresolved and how they can best be resolved.

 

When I say "submissions" I mean what further documents are required for the case to be tried. This could involve original documents, witness statements from either side, court bundle (the main body of evidence you'd put together).

 

The Directions Hearing itself should be brief and uncomplicated. You may be asked to say a few words, eg where you see the case is at just now and what you see as the main issues.

 

The Directions Hearing should make it clear for you what the nexts steps will be. :)

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  • 2 months later...
Guest suziedarkness

**UPDATE**

 

Been back to court for the Directions hearing.

 

The week before court hearing, BH solicitors wrote to me saying that if I was prepared not to go after them for anything further, they would drop their claim.

 

I didnt think this was a good idea, BH may well realise that they are on a sticky wicket with this.

 

Anyhow, at the court hearing the Judge said that after looking through my defence and witness statement in his opinion it looks like I have a case against BH, so he was going to allow 8 weeks for us to try and resolve the issues, failing that we would be back in court.

 

I have now received the judge's order and it says exactly what he told me would happen. It also says that each party should contact the other with the view to try and resolve. It also mentions court mediation service. The next court date has been set in December and 2 and a half hours has been allowed.

 

what should I do now? should I write to BH solicitors and if so what should I say or should I use the mediation service?

 

Any advice greatly appreciated as always.

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Hi SD,

 

I believe the Mediation Service has to be paid for and is not cheap, so you may wish to avoid this route.

 

You should now decide what you want to achieve, and open negotiations with BH accordingly.

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Guest suziedarkness

Hi Slick,

 

It does actually state that the court mediation service is free. I would prefer to try and negotiate myself in the first instance I think!! I just dont quite know how to approach the matter.

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Hi SuzieD,

 

As I said above, start by deciding what you want to achieve. Then decide how you can best you can do this. If the mediation service is free, why not make use of it. The sol'rs are not likely to be very helpful in reaching the sort of outcome you want.

 

(This isn't an area I'm used to, so take my opinion with a pinch of salt.)

 

Looking back, you have been given advice in posts 102, 104, 115 and 119 which you should use to your advantage. If you can show the credit agreement was at fault, then you should make good use of this.

 

I assume you took photos of the car before it was taken back.

 

Hopefully, some of the other contributors to this thread will come back.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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