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Defendant's Rights.

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  • Defendant's Rights.

    Hi, I am looking for guidance on following. Just received Court Claim Form from BW Legal on behalf of a car parking company. The invoice has reached 250 pounds incl. court costs. I have exchanged several letters with BW requesting that they substantiate their right to claim by disclosing the contract transferring landowners rights to the car park firm. I pointed out that signage in a car park has no force if the original contract is faulty, not in date etc., In addition I believe I have a right to check for any exemptions to penalty charges which may have been inserted by the principal. I emphasized to them that I do not have to consider any claim if a claimant is unwilling to establish that they have a full legal right to pursue me.They replied that they are under no obligation to give me a copy of the contract.,that it is a commercially sensitive document and would only be disclosed to a court. I replied that there would only be a few short passages of sensitive info and this could be redacted and that 99% of the contract would not be sensitive text. Also, that a contract is not protected by privilege. I am surprised that they seem to be willing to go to court on this, as for them to win a court would surely have to find that it is ok for a claimant to pursue me whilst refusing to exhibit legal proof of right to pursue. I believe that it is a fundamental tenet of common law that a defendant has the right I have outlined to have sight of the documents his pursuer relies on. Surely, BW understand this as well. This is a proper court claim with the claim number and reply pages attached. It is possible that they are pushing me to pay up 160 pounds and prevent it going to court. Basically, I am looking for reassurance from an informed contributor that I have a solid defence, that the law is on my side and the court is very likely to see it that way. Thanks for any replies in advance.
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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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