Brittania/BW Windscreen PCN Claimform - west Quay Retail Park Southampton SO15 1BA ***Claim Dismissed***

[commonsensehasdied]

apologies dx100uk. Like everyone else, I have a million other things in my daily life to attend to and an extremely demanding job. Getting time is one of my biggest difficulties. Add to that I've never had to deal with this kind of thing before, so I'll take as much help from you as I can get given that you obviously know a great deal more than I do.

 

So to answer my question, am I right in thinking that I need to physically post hard copies of the N180 response to both the court and the other side? I'd made the mistake of assuming everything could now be done online.

[dx100uk]

you must read up going fwd.

the judge wont care for any excuses.

everyone else manages it to date here..

a CCJ will kill your credit file for 6yrs.

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

 

 

 

[commonsensehasdied]

so - this is a private parking claim and I did use the defence statement suggested.

 

If I click No for mediation - will that not go against me as it could be used to show I wasn't willing to resolve?

 

What reason do I give for saying No to determination without a hearing?

I have to post these off tomorrow and I'm genuinely now at the point where it may just be better that I give in and pay the money. I genuinely don't know if I'm up to this.

[dx100uk]

or there is simply nothing to mediate over...............think about it...

 

who says you owe the speculative invoice in the first place... not the judge as they've not even seen the case file yet.

so who says you owe sols fees?

let alone the court claim costs .?

 

no-one 

 

negotiation means give and take ....agree a figure... there is not one to agree over...wake up!!

 

you dont need to give a reason.

on the papers means they can send fake/doctored exhibits you will not be able to argue against

 

you seriously must get reading up.

 

dx

 

 

 

 

[FTMDave]

2 hours ago, commonsensehasdied said:

I have to post these off tomorrow and I'm genuinely now at the point where it may just be better that I give in and pay the money. I genuinely don't know if I'm up to this.

The forum is quite happy to guide you but as dx says you need to read some similar threads to familiarise yourself with the court process.

 

It makes no sense to give in now, as costs are already included in the  fleecers' claim.  If you pay now, you pay £237.  If by some horror you lose in court - very, very unlikely but let's be pessimistic - you pay £237.  So it's obvious it makes sense to fight this.

 

In fact even if you were to lose in court it's highly likely the judge would disallow the £60 Unicorn Food Tax that the fleecers have made up and you'd pay £177..

[FTMDave]

I've just read your thread from the start.  A few things.

 

1.  You can e-mail the DQ to the court but you should never give the fleecers your e-mail address as they will send lies later on at one second to a court deadline and you'll have no chance to counter.  So send the fleecers their copy by snail mail and get a free Certificate of Posting from the post office.  Make damn sure your e-mail address is not shown on the copy of the DQ that you send to the charlatans.

 

2.  At some point in the future you will need to write to the fleecers and tell them not to correspond by e-mail, as you've already given them your e-mail address.  If you still have time you could kill two birds with the DQ.  Enclose a letter:

 

Dear Britannia Parking,

 

Re: claim no. XXXXX, PCN no. XXXXX

 

I enclose my Directions Questionnaire regarding the above-mentioned county court claim.

 

Kindly note that the e-mail address XXXXX@XXXXX used in the past for communications between us is absolutely not to be used for correspondence regarding the court claim.

 

Yours,

 

3.  Can you please upload the original PCN you got from them.  £90 is a strange amount and it would be good to see what they sent you.

Edited August 18, 2022 by FTMDave
Typos

[commonsensehasdied]

Guys - seriously, thanks for your help, it's very much appreciated.

 

I still don't know how to answer this one though, and it states that I have to give a reason if I answer no?

 

What reason do I give for saying No to determination without a hearing?

[brassnecked]

You wish to be able to challenge their WS and have opportunity to as their representative questions in court potentially,   DX LFI and FTMDave will likely give a more definitive reason.

[dx100uk]

why does west Quay Retail Park Southampton SO15 1BA ring a bell with me here? @FTMDave

[commonsensehasdied]

@dx100uk is it as simple as answering that I wish to challenge their witness statement (I'm assuming that's what WS means based on @brassnecked answer?) personally and answer any question they may have in court?

[AndyOrch]

In reality you will challenge their statement within the contents of your own statement. There are valid reasons already stated along side the section on the N180.

 

Quote

Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally.

 

This is a pilot scheme being tested in various County Courts and pursuant to Practice Direction 51ZC

 

PRACTICE DIRECTION 51ZC – THE SMALL CLAIMS PAPER DETERMINATION PILOT

WWW.JUSTICE.GOV.UK

 

Regards

 

Andy.

 

 

.

[commonsensehasdied]

Hi and thanks. I'm not sure if I'm just not seeing something that everyone else is. What is my factual dispute that I haven't already covered in my WS?

The court I've chosen (nearest to my home) doesn't run the pilot scheme  -  does that make any difference?

[dx100uk]

it will all fall inplace and be understood once you get to the WS stage.

 

there are 100's of PCN Claimform witness statements here already

if go read a few, you'll generally see they are mostly alike, with fine tuning on specific issues the fleecers mention in theirs, which need countering.

 

dont worry about the pilot scheme or not, makes little odds.

 

dx

[FTMDave]

On 19/08/2022 at 12:07, dx100uk said:

why does west Quay Retail Park Southampton SO15 1BA ring a bell with me here? @FTMDave

Not a place that springs to mind dx, at least with me.

[commonsensehasdied]

Hi All,

 

I've received the attached and REALLY don't know how to write my own defence!

 

I've searched the site for defence letters as directed, but I'm just not understanding

a) where to find those letters or

b) how to reply.

 

I also have an obscene amount of personal drama going on in my life right now, and I'm really struggling to cope.

 

I have less than 72 hrs to file the defence letter in response to the attached and give to the other side.

 

I have no problem standing in front of a judge and telling them my side of the story - and showing them the proof that I had a ticket (BP kindly included the photo of my ticket in their argument), I just don't have the smarts to write what I need to write.

 

Please help

 

Thanks

PCN Defence-1 received.pdf

[dx100uk]

you've already filed your defence MONTHS ago.

 

have you received your Notice of Allocation yet (N157) giving you a hearing date and when you each have to exchange Witness Statements?

 

what the latest update on MCOL for the case?

 

 

[FTMDave]

The letter you have received is just hot air from the other side's paper tigers.  It's not from the court.  They are trying to put the wind up you.  Relax, laugh and ignore it.

 

But you would know this already if you'd been reading up and understanding the stages of the court process.  I'm sorry to hear about personal issues but there really is no other way.  Caggers who gen up win in court.  Those who don't, lose.  It really is as simple as that.

 

Please answer dx's questions when you get a moment.

[dx100uk]

8 minutes ago, FTMDave said:

But you would know this already if you'd been reading up and understanding the stages of the court process

 

not done once ..............

 

dx

[brassnecked]

Its the Witness Statement you clobber them with. the generic defence allows time to look at what is wrong with their case in detail and counter it.

[commonsensehasdied]

Hi - yes, I've received the NOA and have to file my witness statement (apologies, that's what I was calling my defence letter) within the next 48hrs.

 

I've genuinely been trying to read up on what comes next and how I respond etc. but I'm clearly not the best at finding things, hence my desperate plea for help.

[dx100uk]

Scan up the NOA all pages to one mass pdf. Read upload carefully.

 

Dx

[commonsensehasdied]

NOA.pdfNOA.pdfNOA.pdfHi - yes, I've received the NOA and have to file my witness statement (apologies, that's what I was calling my defence letter) within the next 48hrs.

 

I've genuinely been trying to read up on what comes next and how I respond etc. but I'm clearly not the best at finding things, hence my desperate plea for help.

MCOL current.pdf

[lookinforinfo]

Could you please post up their WS as they usually contain a lot of tripe that can be knocked down putting you in a better position with the Judge than them since you can include it in your WS.

[commonsensehasdied]

hi lookinforinfo - it's in post #40 above

[FTMDave]

When did the court order dated 9 November actually arrive?