Parking charge from May 2012

[jorainbow]

Hi all
I had received parking notices for allegedly parking in May 2012 - I cannot recall if I was driving or my partner at the time. I checked online and it seemed the advice was that prior to September 2012 the driver had to be proved and to ignore. I have now received a letter from Northampton to take me to court . the original correspondence was from BW Legal. What do I do now? thanks!

[mystery1]

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.

M1

[jorainbow]

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!

[R0b]

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]

[mystery1]

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 ?

M1

[jorainbow]

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 again

[jorainbow]

Re: Parking charge from May 2012

thanks will do

[mystery1]

Re: Parking charge from May 2012

No idea. Phone the court and ask. I would have thought so but best ask.

M1

[jorainbow]

Re: Parking charge from May 2012

one thing - my name is wrong on all the paperwork - I assume I change it to my new name (married) thanks

[jorainbow]

Re: Parking charge from May 2012

Thank you so very much - it will be posted today.

[mystery1]

Re: Parking charge from May 2012

Edit to suit.

Jorainbowdef.rtf

M1

[mystery1]

Re: Parking charge from May 2012

Indeed. Better to speak up than be missed.

M1

[Kati]

Re: Parking charge from May 2012

I appreciate very much being there! Apologies I hope I didn't offend 

no apologies needed (I'm sure M1 was just saying he's got you in the queue ) xx

[jorainbow]

Re: Parking charge from May 2012

I appreciate very much being there! Apologies I hope I didn't offend 😊

[mystery1]

Re: Parking charge from May 2012

You are in my ever expanding to do pile.

http://legalbeagles.info/forums/show...p?77026-Ignore

M1