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BW Legal/Britannia parking CCJ entered against me letter

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  • #16

    https://www.swindon.gov.uk/info/2003..._enforcement/2

    https://www.swindon.gov.uk/info/2003...ks_car_parking

    These (inc the links within the web pages) seem to indicate that Lydiard Park is subject to bye laws.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      92626099-99BF-4846-AAD6-D398ABE4D3F8.jpeg
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #18

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        • #19
          Originally posted by Madmikey View Post
          I did not reply to the claim the the claim form so really unsure what to do now??
          May I ask why not?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Nobody on this or any other forum would tell you to ignore a claim from the courts. As already said you have a judgement against you. If you don't want a CCJ recorded against your credit file for the next 6 years then pay the judgement within the month.

            Comment


            • #21
              I did not reply to the claim form because I was informed or mislead to believe that I should not reply to letters or phone calls from unregulated parking firms.
              So OSTELL are you saying that it has gone to far and that there is no way out now? Pay up or be made to pay? Even though I did everything right and would never come back to my car late??

              really thought I was doing the right thing! I was told to wait for a certain period I think 29 days then send the letter that I first posted as this would tie them up in the process but only now am I hearing that I should have replied to the letter of claim attached sheets. Seen other say that you should not fill out and send income and expenditures forms back and they were also with the letter of claim letter.

              I really appreciate all help thanks again.

              sounds like I’ve been a victim of playing the game badly.

              Cheers

              Mike

              Comment


              • #22
                To set aside the default judgment, you would need to
                Get the judgment creditor's consent & pay £100 to make an application to the court.
                (But why would they consent?)
                Or pay £255 for an application to set-aside without the other party's consent.
                Obviously there is no guarantee that you will succeed, either with the application, or for any subsequent court case for this cause of action.
                & you would need to evidence a defence which has merit.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Your best bet is to pay the judgment debt before the 2nd May else the CCJ will be entered on the judgment register and your credit file for six years. To try and have the judgment set aside it will cost you £255 and a hearing and in the circumstances ( you did receive the claim but just ignored it ) unless you have a fantastic defence to the parking invoice it's unlikely to succeed.

                  If you have posted elsewhere previously and been told to just ignore - go back and update your thread that ignoring is a bad idea and the potential consequences ( CCJs stuff up credit files )

                  If you receive a parking ticket either pay it in the first 14 days for the discount or challenge it at the time if you feel it is wrong.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Originally posted by Madmikey View Post
                    I did not reply to the claim form because I was informed or mislead to believe that I should not reply to letters or phone calls from unregulated parking firms.
                    So OSTELL are you saying that it has gone to far and that there is no way out now? Pay up or be made to pay? Even though I did everything right and would never come back to my car late??

                    really thought I was doing the right thing! I was told to wait for a certain period I think 29 days then send the letter that I first posted as this would tie them up in the process but only now am I hearing that I should have replied to the letter of claim attached sheets. Seen other say that you should not fill out and send income and expenditures forms back and they were also with the letter of claim letter.

                    I really appreciate all help thanks again.

                    sounds like I’ve been a victim of playing the game badly.

                    Cheers

                    Mike
                    Ok I didn't see this page.... so you didn't ignore the letter of claim but tried to string things out by replying the day before the 30 day deadline with sone tosh telling BW legal how to comply with the preaction protocol that they had just complied with ... the correct thing to do would have been to use the form provided and say either you dispute ( and why) or don't know if you owe the debt and ask for information/documents ( box I) or if you knew and were just hoping it would go away up till then - pay the debt or complete the IE with an offer - before the court claim adding further costs was issued.

                    And even if you didnt do that, at very least acknowledge the claim and file a defence if you have one available to you.

                    A principle over a parking ticket isn't worth cocking future mortgage / job / credit needs up over.
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #25
                      Originally posted by Madmikey View Post
                      I did not reply to the claim form because I was informed or mislead to believe that I should not reply to letters or phone calls from unregulated parking firms.
                      County Courts are not parking firms.
                      A CC claim notification has a DEFCON 1 priority.

                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

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