2010 (Nov) VCS ticket, now I have Court Claim - won

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Hi, I'm bumping this up as requested. I've emailed BWLegal again and telephoned them. I asked to speak to a case handler only to be told there wasn't any case handlers and emails would be replied to when ever as they're very busy. Again I was advised to fill out the court case form.
I think I need to get my defence sorted. My basic defence is I paid for my ticket although there wasn't my vehicle reg on it. Was this the machines fault? How many "contraventions" were recorded that day by the machine? Where is the record of my Ticket?
I called (VCS) immediately I saw the problem and given instruction to use the ticket I had as they had my details.
Their (VCS & BWLegal) lackadaisical use of intimidatory language in their correspondence implying that I would probably end up with a CCJ if I go to court. I have complained to the Solicitors Regulation Authority about BWLegal and they are currently under investigation. From looking at other websites I understand I am just one of many. VCS actually sent details of cars parked on a different day to the one in question in their initial reply to my response in 2010. They also confirmed that the 21st November 2010 was a Sunday and their office was closed on Sunday's so I couldn't have called them. My "contravention" was 4 days later.
I still have my Ticket and Phone bill for the correct day showing the time I called them.
The amount the claimant is claiming includes charges that cannot be recovered in the small claims court.
My "contravention" was 25th November but the issue date on the PCN is 21st December. ( I believe I should have received the PCN by the 9th December)
BWLegal's refusal to reply to my emails regarding the issues of the court claim.

I would be really grateful for any assistance in wording a defence properly.

Corby.

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Hi, I'm re-bumping as aim getting concerned about the time scale to get my defence into the court. I'm presuming that I e-mail my defence in to the court and not BW Legal?

[ostell]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

The 14 days is after no windscreen ticket but you appear to have identified who was driving so POFA non compliance may not help.

You have to provide the initial defence to the court only. Wait for M1 to return, you have until Tuesday and you can email.

[mystery1]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

My suggestion. Edit to suit.

corbydef.rtf

M1

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Thank you ostell and M1 for your replies. I've read the document and understand most of it. If I can confirm that "The Claim (5)" part, the first three paragraphs are quoting from the Court Form and my response is the fourth paragraph? Also do I need to add that I still have my evidence of the ticket and phone bill with their number and time of call?
Thanks again.

[mystery1]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Normally, when in response to allegations each 1 is a numbered paragraph so you can just say "paragraph 1 is denied" etc. When they fail to follow protocol i like to be clear and that appears, to me, to be the best way to do it. It's a pain to do because i have to type and can't copy and paste !

The evidence comes later and is introduced with your witness statement and argued in your, err, argument (oral or written).

M1

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

M1, Thank you. So the process will be that I log into the MCOL and in the defence part I fill it in as per your document. Then I have to wait for their response before adding my evidence.
Sorry for being a bit thick but I want to get this right and not loose on a technicality.
Thank you.

[mystery1]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

That's correct.

If it doesn't fit, phone the court get an email address and instructions for sending as a file.

M1

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Ok, I get on the case over the weekend.
Thanks again.

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Hello,
Well, I've received notice that VCS are pursuing the claim. I have received from the County Court Business Centre forms N149 (Notice of proposed Small Claims Track), N180 (DQ'S) and EX730 (mediation). It all seems straight forward. I'm not agreeing to mediation, I have done nothing wrong and obviously they are the party who are not being reasonable. So, just for clarification, all I have to do is fill out N180 and send a copy direct to the CCBC and BW legal. I don't include a copy of my evidence as it doesn't ask for it. Or am I missing something as it seems to easy?

[mystery1]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Should be very straight forward. 1 copy to the court 1 to BW Legal.

M1

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Should be very straight forward. 1 copy to the court 1 to BW Legal.

M1

Hi M1, thank you.
So I don't include a copy of my parking ticket and/or phone bill showing time of call to their office, or the rest of the duff info included in their (VCS) original rejection of my defence? I really don't understand why they haven't asked for it!
I'm extremely thankfull for input.
Dave.

[mystery1]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

After this the claim will be allocated to your local court and the small claims track. When that letter arrives there will also be a court direction with a date by which copies of all evidence upon which you seek to rely must be served to both the court and the claimant. Take originals to the court on the day.

M1

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

After this the claim will be allocated to your local court and the small claims track. When that letter arrives there will also be a court direction with a date by which copies of all evidence upon which you seek to rely must be served to both the court and the claimant. Take originals to the court on the day.

M1

Ok, thank you for your assistance,
Dave.

[Corby]

Re: 2010 (Nov) VCS ticket, now I have Court Claim

Hello,
Well, after reading other cases and basically plagiarizing the information and advice given by the members on this site I sent off my statements, defense etc to BW Legal and the Court. I was surprisingly comfortable with my efforts and confident that I'd put my case well. I had been given a date in the middle of March to go to court. I have now been informed that " THE CLAIMANT DISCONTINUES ALL OF THIS CLAIM AGAINST THE DEFENDANT" Whilst I'm delighted that this is over I'm also slightly pi**ed off that after all the stress and work they can just walk away. THE BAS***DS. They can't even get the paperwork correct in their notification of discontinuation. Quite clearly at the bottom of the sheet it signed "BWLEGAL, Position or office held :- Litigation Executive." Twa8s

Thank you Mystery1 for everything you do and for all your advice on this site. You are fantastic. Thank you also to the rest of the site Mods and members who give their time,efforts and advice.
Corby