BP Hatton Cross - N1SDT - not sure I have any defence?

[espere_alys]

brilliant. thank you, DONE!

[espere_alys]

Received acknowledgement of defence. I was unable to load the full defence into the 122 lines of text unfortunately.

I also emailed it, but the response to the listed email was that you cannot email them with anything other than a technical query.

I followed up by emailing the court (email was in the technical email), but they responded saying one must comply with Practice Direction 5B:
https://www.justice.gov.uk/courts/pr...t05/pd_part05b

I'll be honest, I couldn't understand it completely, seems to be about the size of the doc, which it should be under.
So hopefully they accepted the full defence!

[des8]

The response pack sent with the original claim gives instructions on how to respond.
Didn't it include an email address/

long time since I've seen one!

[espere_alys]

better behaved than me then!

No email address in that pack. It’s all postal. And if you go online I think it’s either/or

ah well. It’s done now. Was missing about the bottom third of the defense.

[des8]

did you send a copy of your defence to the claimant's solicitor?

With regards to the court, eventually you will need to provide a witness statement, and you can try and repair the matter then.
As you are a litigant in person in Small claims track you might be OK

[espere_alys]

ah - is that DCB legal? I’ll send them a copy now.

[des8]

yes!

[espere_alys]

hello. I received a response from DCB legal:

"Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not."

I will say I'm really quite nervous and don't feel like I really understand what to do.
If i lose will I end up with a CCJ against me? It;s starting to make me feel a bit sick!

Is it worth attempting a settlement?

[des8]

I can't really advise on whether or not you should try and negotiate a settlement directly with them, altho' I would not.

However if you don't, you will be offered mediation by the court.
If both parties agree to mediation this is over the phone, and the parties don't speak to each other but through a mediator who shuffles from phone to phone!
Much better than responding to their letter and speaking directly to them!

If you can come to an agreement with them, it will relieve your stress.
Before going to mediation work out the highest amount you're prepared to pay, and stress their weak points e.g. they cannot charge more than the original charge (see your defence)

On the other hand the actual court hearing is no where as scary as the anticipation.
The hearing is generally in a small room, both parties sitting round a table.
Most times the judge will hear from both parties and then ask questions to understand fully the position.
There isn't any real cross examination and certainly no shouts of "objection"

If it goes to court (and sometimes the parking companies discontinue or just don't turn up for the hearing) and you should lose, as long as you pay the judgment award within 30 days you will not have a recorded CCJ.

[espere_alys]

thank you that's very reassuring.

DCB legal have called me a couple of times but I've missed the calls. Imagine they will just be trying to get a settlement so will assume best to leave it for now until the court mandated one arrives.

When you say a 'highest amount' - are they able to push for anything higher than the £300 they are going for?
I suspect the sensible thing would be to go in willing to pay the amount of the original 'PCN'?

[des8]

They won't be able to push the amount higher.

Yesterday had a poster settle for the original £60 charge (https://legalbeagles.info/forums/for...eted-this-week)
If you intend to negotiate start low! and good luck