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Re: Parking charge from May 2012
thanks will do
thanks will do
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Re: Parking charge from May 2012
I spoke to the court who said I needed to speak to BW Legal as if I send the form back in my name it would be rejected. They then said I could send a proof of name - would anyone be able to advise or point me to a section of the forum that would? thanks againComment
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Re: Parking charge from May 2012
Any ideas [MENTION=71570]R0b[/MENTION] [MENTION=6]Amethyst[/MENTION] ? Surely this must crop up loads and it can't need a £100 application to change to a married name ?
M1Comment
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Re: Parking charge from May 2012
Technically, it does require an amendment and application to the Court but I am presuming it is BW Legal that has got the name wrong? If so, then it is up to them to make an application to amend it, not the defendant as there may be an issue with them enforcing any judgement.
Defendant's need to be sufficiently identifiable, but this can be acknowledged in the defence by explaining you are now married etc. I am not aware of any party being penalised for misspelling a party's name but you never know in the county court, though it would be the claimant that is penalised not the defendant.
Personally, I don't see any need to for the £100 application and the defence shouldn't be rejected and I think the court staff are talking cack since it's the claimant who should be making the amendment - that being said you should put them on notice that they have got the name incorrect and they should make an application to amend.
If it were me, draft your defence as normal and include a short mention about the name being wrong and what your name is now, but when signing at the bottom, I would put as follows:
John Smith described as [name on the claim form]If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.Comment
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Re: Parking charge from May 2012
Hello again. Posted the above and have just received a letter from BW Legal to say they are proceeding and a letter from the court about mediation or appearing at court. Now totally confused!Comment
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Re: Parking charge from May 2012
http://www.legalbeagles.info/forums/...l-Claims-Track
Pretty simple to fill in. Add a note to explain the name issue. Once that is done send to both them BW Legal and the court.
You will then get a court timetable for when evidence needs filed and the trial date. If both sides wish mediation then this will happen first.
M1Comment
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