EXCEL PCN 2015 Peel Centre now BW claimform

[hollieollo]

The acknowledgement of defence was received on Saturday morning, dated 5th September.

Evidently they have 28 days from receiving a copy of my defence to decide whether they will proceed.

 

Chris

[ericsbrother]

then you watch the clock and if they dont pay the allocation fee in time ask for the calim to be struck out.

 

 

You can do this via MCOL but generally the courts service give the plaintiff a reminder and a few days grace so if a week has gone by and nothing new on your case lodged get on the phone and ask them again to dismiss..

[hollieollo]

The letter from HM C & T Service was dated 5th September. It says that the claimant has 28 days after receipt of my defence to notify the court that they wish to proceed. If not, I can ask for it to be stayed.

If that is not correct, please let me know, thanks.

 

Chris

[ericsbrother]

that is so, keep an eye on the calendar and go for it if they havent paid the fee.

[Oddfellow]

Incidentally, Chris,

there is a difference between the claim being "stayed", as HMCTS have told you to do,

and being "struck out",

 

 

as EB has suggested.

The latter is chancing your arm a little, and the court would need to take a view of whether you have "a reasonable prospect of success" if the case was to be heard.

 

I would guess that,

whereas an application for the case to be stayed on the grounds of timing-out should be granted automatically,

a request to be struck out might need to include a repetition of the main points of your defence (including any failure to provide a response to a CPR request) in order to convince the court of your "reasonable prospect of success".

 

 

Fingers crossed!

[dx100uk]

The letter from HM C & T Service was dated 5th September. It says that the claimant has 28 days after receipt of my defence to notify the court that they wish to proceed. If not, I can ask for it to be stayed.

If that is not correct, please let me know, thanks.

 

Chris

 

 

you don't need to ask for it to be stayed

its automatic as OD states

 

 

agree also.

its rather a gamble to ask for a claim to be struck out.

[hollieollo]

I have made a note in my diary for 3rd October to check whether they have paid the allocation fee. I will report back on here.

Thanks all.

 

Chris

[hollieollo]

Today I received a letter from BW Legal in Leeds indicating that they intend to continue with court proceedings.

What is my next step? They never replied to my CPR 31 letter.

 

Regards

 

Chris

[Oddfellow]

Your next step is to wait to see if they do. Sounds like they send this letter to everyone.

[ericsbrother]

wait until tomorrow and if they havent paid the allocation fee write in and ask the court to strike out the claim as the claimant has not shown a cause for action by way of showing any authority as per a CPR31.14 request ofr proof of such authority and that the claim does not meet the requirements of CPR 16.4.

 

You can refer to another court decision on exactly this point with BW at St Albans county court on the 20th Sept 2016.

 

Ask the parking prankster for the case ref number as he has the full details.

 

Today I received a letter from BW Legal in Leeds indicating that they intend to continue with court proceedings.

What is my next step? They never replied to my CPR 31 letter.

 

Regards

 

Chris

[hollieollo]

Thanks for your response. I assume I just call the court and ask whether they have paid the allocation fee?

[ericsbrother]

yes, getting through on the phone is a nightmare though. If you have used MCOL check there and then write in as suggested and follow it up via the phone a week later.

Thecourts service normally give the plaintiff a bit of grace to pay up and often go to the trouble of phoning them to remiind them. Very kind if it is an individual who doesnt know the ropes but these solicitors really should get a rollocking instead of kindness.

[hollieollo]

I did use MCOL and I have had a look at the website. In the `claim history` section the last entry states that a `DQ` has been issed on 3/10/2016 i.e. today. Nothing else seems to have been added. Where would it state that they had paid the allocation fee?

 

As I mentioned in my last post, the form N149A Notice of proposed allocation to the Small Claims Track arrived this morning.

 

It appears to be a form primarily sent to Excel and a copy to me.

under the `TAKE NOTICE THAT` section, bullet point 3 states that `You must by 20th October 2016 complete the Small Claims Directions Questionnaire(Form N180) and file it with the court office and serve copies on all other parties.

 

I assume from that, they have NOT yet paid the allocation fee?

 

There is also a poorly photocopied from asking whether anybody wants to use Settlement/Mediation Service. Assuming that all partied would need to agree to this, I would tick the NO box and return it?

 

There is still no mention of any allocation fee having been paid on the MCOL site, so should I still call them anyway?

[ericsbrother]

return this form rejecting mediation and fill out the rest of the form as required. Send a copy to BWL. Chase the matter up after the 20th as they wont have been asked to pay it yet.

[hollieollo]

return this form rejecting mediation and fill out the rest of the form as required. Send a copy to BWL. Chase the matter up after the 20th as they wont have been asked to pay it yet.

 

I have today received a letter from BW Legal containing two copy photos and a PCN dated 14/08/2015.

 

This is just a rehash of their original PCN dated 06/07/2015.

 

There is no mention that this is a response to my official CPR 31:14 request.

 

The photos only show the vehicle arriving and leaving.

there is no picture of the vehicle without a ticket.

 

There has not been any mention of the fee having been paid by the court and their time runs out on Thursday.

 

Their letter is asking me to call them to `discuss` the matter other wise they might seek their clients instructions which `may` result in legal action?

 

I`m not sure whether they are that competent or not, but I assume that should they miss the Thursday deadline, their claim is dead in the water?

[ericsbrother]

Excel have a problem with photographs showing different times and even dates but are actually the same photograph rehashed.

 

You do not contact them,

let them do their worst and waste their money.

 

 

they are hoping you will agree to pay them something-anything even.

The chances are they will use this as an admission of liability and go after you for the full amount unless you get a solicitor to read their letetr and tell you otherwise.

 

Ask the court on friday if they have paid or not.

You can then write a letter asking for a strike out under CPR 16.4 for not showing a cause for action via a CPR 31.14 discovery request. and a POC that doesnt have enough information either to show locus standi

[hollieollo]

Thanks. I will certainly be doing just that.

[hollieollo]

Excel have a problem with photographs showing different times and even dates but are actually the same photograph rehashed.

 

You do not contact them,

let them do their worst and waste their money.

 

they are hoping you will agree to pay them something-anything even.

The chances are they will use this as an admission of liability and go after you for the full amount unless you get a solicitor to read their letetr and tell you otherwise.

 

Ask the court on friday if they have paid or not.

You can then write a letter asking for a strike out under CPR 16.4 for not showing a cause for action via a CPR 31.14 discovery request. and a POC that doesnt have enough information either to show locus standi

 

I received a copy of their DQ today

.

they have said they want to use the mediation service,

agree that the small claims track is correct,

no court is designated by them,

No use of written evidence from an expert,

number of witnesses they have written `TBC`, and NO FEE PAID.

 

There is nothing in the `claim history` on the MCOL site yet.

 

 

I will check again tomorrow and call them in the afternoon to see if any fee has been paid.

If not, can you send me the wording for a suitable letter asking for the proceedings to be struck out?

 

Chris

[ericsbrother]

A copy of their form?

Not worth a light, they are trying to harass you into throwing in the towel.

 

I refer to post 66 line 2

 

Try phoning the court if you can get through and ask if the fee has been paid.

 

 

If they havent paid then a letter asking that the claim be struck out under CPR16.4 would be in order.

 

 

This will prevent them from just paying up or resurrecting the claim by starting again if successful.

[hollieollo]

"Try phoning the court if you can get through and ask if the fee has been paid."

 

I have had my phone set to call me the second they become available. That was 2 hours ago!!

Assuming I do not get through and that their DQ clearly shows they did not pay the fee with that from as directed by the court, I should assume they have not paid it.

If you agree, have you got a template letter to send to the court asking that the action is stayed?

 

Regards

 

Chris

[dx100uk]

its already stayed

you mean struck out surely

[hollieollo]

Just checked on MCOL site. Nothing to say stayed there?

 

Chris

[ericsbrother]

something stayed can be resurrected but a struck out claim cannot.

 

The courts service usually give a claimant the benefit of the doubt in the former and will allow a late payment so it is worth asking for a strike out if you can show that the claim had no chance of success in the first place.

 

A rubbish POC and lack of authority will certainly do that.

 

What you got today is from them an not the court.

 

You can phone your local county court and ask them about whether the fee has been paid, the case number will link it.

[hollieollo]

I have today sent a letter by recorded delivery requesting that the claim be struck out.

 

 

I have cited the claimants failure to comply with CPR16.4(1),

their failure to respond to my CPR31:14 request

and their failure to pay the Allocation Fee on time.

 

I will let you know when anything further happens.

 

Chris

[ericsbrother]

read the pranksters latest blog about this very place,

it has some very relvant points that you should note and add to your defence bundle when the time comes.

 

 

You will also need to quote the case numbers of that particular failure by Excel to screw money out of the innocent as well as furnishing copies of the Fairlie Fenton judgement rather than just quoting it.