Almost a Backdoor CCJ Britannia/BW PCN - managed to file defence late

[Restart]

Thanks @dx100uk yes it is form N180. It's actually Small Claims Track and not Fast Track

 

Sorry

 

From the post in the N180 link it says

 

'Relevant reasons to state no include that Relevant reasons to state no 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 (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'

 

Am I just using the ' there are factual disputes which will need the judge to hear from witnesses directly' part?

Im not sure as a judge could work with the 'I was the keeper not the driver reason for defence'

 

Sorry if sounding dim here.

[brassnecked]

Ypu need to use that yes, you must never agreee to an On The Paper's hearing as the lies they tell need to be challenged, they could put allsorts in to the court which without a hearing cannot be challenged. the other team members will be along soon to clarify fopr you.

[Restart]

Thanks @brassnecked

[dx100uk]

last reason dont give anything away.

3 hours ago, Restart said:

that the issues are so complex they need to be argued orally'

 

[Restart]

Hi again

 

Had the attached in the mail yesterday.

 

I was wondering about this. I expect this to go to court (or is there still a chance that this will be dropped)? In the event I go to court. What would the process be on the day and if I lost, what are the likely outcomes?

 

Maybe I should have asked this before

 

Thanks again

 

Claimants N180.pdf

[Nicky Boy]

When you get this form directly from solicitors,  it's usually been sent early as an intimidating tactic.

Check status on MCOL.

[Restart]

Ive never had access to MCOL

[honeybee13]

How come no access?

 

HB

[Restart]

Never got a password to access.

[honeybee13]

So when you got the initial claimform, there wasn't a number for you to access the system?

 

Hopefully someone will know if you can get onto MCOL to track this case.

 

HB

[Restart]

No. I never had the initial claim forms. I had to call the courts direct after I found out about the action.

[dx100uk]

yes i remember this one, you found a backdoor CCJ attempted and they hadn't filed for judgement as you managed to file a defence.

so you've each done N180's now by the looks of that BW email, unless it's a bluff?

 

so see if you get an n157 proposed allocation come thru from you local chosen n180 court.

 

it might now pay you to reply to that email from BW, stating email is not to be further used in relation to our mutual court matter.

that way you'll protect against getting faked docs etc countering your defence through from them 1 min before a court deadline, thus removing your chance to counter them.

 

 

 

 

 

[Restart]

Will do @dx100uk Thanks

[Restart]

As mentioned above I emailed these and told them 'No email contact' to which they have replied the following. I won't be replying.

 

Good afternoon

 

 

Thank you for your recent email.

 

 

Please complete the following to enable us to discuss this –

 

 

BW Legal Reference:

Full Name:

First Line of Address:

Postcode:

Telephone Contact Number:

Vehicle Registration:

Vehicle Make or Model:

Parking Charge Number:

Street Name or Car Park:

Authorised Email address:

Confirmation you wish for us to correspond with you via this email address (Yes/No):

We make no commitment to response times on this general email account. Therefore, if you consider your matter is urgent, or should you wish to discuss your account with one of our helpful representatives today, you can call our offices on 0113 487 0432 and we will be happy to help.

You can also contact us by signing in or registering to our Customer Portal at www.bwlegal.co.uk.

[Nicky Boy]

HAHA!

They want to "discuss" it...

 

Ah well, at least you now have confirmation that they received your instruction.

Keep it safe.

[brassnecked]

That could bite them if they have been told no email you have the proof you sent a cease & desist using email, and they still send them, those you save and use later.

[Restart]

Thanks. I have had two emails from them now, as above and asking me to give them details.

 

I have filed them away.

[Nicky Boy]

My God!

They ARE thick!

[brassnecked]

Send them a snail mail Cease and desist with a free proof of posting citing they have ignored your email to correspond by post only,

so the emails are archived and will be used as evidence as will any subsequent emails them may send

[Restart]

Thanks again all

[Restart]

Hi again.

 

Got the attached from BW Legal on Friday. I have attached the letter. Added to this was copies again of the vehicle images and original demand.

 

Do I need to do anything with this?

 

Thanks

 

 

2023-04-28 BW letter.pdf

[dx100uk]

std letter they always send if you go read a few BW pcn claimform threads

 

simply sent to harass and intimidate ..

 

dx

 

[lookinforinfo]

You stayed there for a little over 2 hours. Did the driver not pay at all or did they not pay enough to cover their whole parking period in the eyes of Britannia?

[dx100uk]

On 09/05/2023 at 10:38, Restart said:

Hi again.

Got the attached from BW Legal on Friday.

2023-04-28 BW letter.pdf 780.88 kB · 7 downloads

 

did that come by email?

 

dx

 

[Restart]

No They seem to have (for now) stopped emailing me. But that could change

The driver was unaware of any parking restrictions.

Was a customer of the premises and could easily have been validated had they known.