Almost a Backdoor CCJ Britannia/BW PCN - managed to file defence late

[dx100uk]

did you not ask what address it was sent to as i told you too.

this is important and one of the requirements if it needs to be set aside.

 

trouble now trying to enter a defence IF you can is you cant use MCOL website as you dont know the Password.?

 

dx

 

[Nicky Boy]

You say they emailed the response forms to defend...

long shot but, they haven't by any chance pre filled the claim number in to be helpful?

[FTMDave]

I have to rush to work now and will be back very late this evening, certainly after 4pm.

 

If the other regulars agree, download this form  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772450/n9-eng.pdf

 

Fill it in, scan it and e-mail it to the court.  In the e-mail subject title write "Acknowledgement of Service" + claim number + names of the two parties.

 

Belt & braces, also rush to the post office and send it off 1st class, get a free Certificate of Posting.

 

This evening we can do the same with your defence.

 

It turns out Ethel and Nicky Boy were right and you have the chance to seize victory from the jaws of defeat.

[Restart]

Nothing pre filled.

 

Will do thanks

[FTMDave]

2 hours ago, Restart said:

Nothing pre filled.

Doesn't matter, you have the claim number from the fleecers.

 

2 hours ago, Restart said:

Will do thanks

Just wait an hour or so for comments from the other regulars, yours is an atypical case.  See what they think.  For example it might be more appropriate to go straight to sending a defence.

[Restart]

Will do.

Edited February 3, 2023 by dx100uk
unnecessary previous post quote removed

[Nicky Boy]

The regular tactic is to drag things out as much as possible, but as the date for acknowledgement has passed, I think the regular bland defence should be submitted to show good intent and reduce the chance of refusal by the court?

[brassnecked]

The standard3 line defence as a placeholder probably best as stated now as clock is ticking

[Nicky Boy]

3 line defence Brassnecked?

 

Isn't the standard defence as at Q2) How should I defend? in the sticky?

 

Or are you suggesting a stripped down version?

[dx100uk]

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to ccbcaq@hmcts.gsi.gov.uk 

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
.

[brassnecked]

That's what i meant Nicky boy sorry for confusion but as we know less is more at this point in the timeline

 

 

 

 

.

 

 

[FTMDave]

Just in a quick break at work.

 

You have a few minutes before the court closes.

 

If you've done AOS, or if you haven't, get the defence off now.  It's more important than the AOS.  Two posts up dx100uk has put the e-mail address and what to put in the subject line.  Later send a paper copy too from the post office -

 

 

The Defendant contends that the particulars of claim are vague and generic in nature which fails to comply with CPR 16.4.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1.  The Defendant is the recorded keeper of [motor vehicle].

 

2.  It is denied that the Defendant entered into a contract with the Claimant.

 

3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim. 

 

4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant.

 

5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 

 

6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.

[Restart]

Thanks @dx100uk

 

Thanks for the defence @FTMDave

 

Just a quick upadate. First, thanks to everyon for the help given here on this.

 

I have earlier today emailed and mailed (recorded delivery) my acknowledgement of service.

 

I got back from work to see the updated messages and have emailed my defence with informaion and help from @dx100uk and @FTMDave

 

I will sedn hard copy of the same Monday using our work couriers to have delivered Tuesday.

 

I have had the email reciepts back from the court for both emails.

 

I guess, unless you have anything else for me to do, then I just wait for a responce from the courts on this.

 

Have a good weekend all.

[FTMDave]

Great work - well done today.

 

The fleecers have tried to be sneaky and have been well & truly caught out.

 

The law is very clear.  If someone files a defence after the court deadline, but before judgement has been entered, then the defence is accepted.

[Restart]

Morning all

 

Just a quick update on this. Have received a letter from the courts to acknowledge my defence.

 

PDF attached.

 

Thanks again so far.

Court Letter Ok to defense BW Legal.pdf

[FTMDave]

Excellent news.

 

The fleecers tried to catch you out - but it's been them well & truly caught out.

 

To be clear - what paperwork have you received from the charlatans?  How did BW Legal get your e-mail address?  How did you find out about the court claim?  Please help us join the dots.

[Restart]

Of course.

 

I had received the initial ticket from the car park company (I ignored this)

Got a notice from BW Legal (Went into the bin)

Got another and I replied on the BW Legal website in a section 'Have we got this wrong' I filled this out using a spare email address I have for junk

I then got the letter (posted here) with court claim number and offer of monthly terms

Had nothing else in terms of paperwork after this from courts etc and then that brought me to you guys for help.

[dx100uk]

is that junk email still able to send/receive mails?

 

 

[Restart]

Yeah, It's just a spare email and forward it to my main email.

Edited February 9, 2023 by dx100uk
unnecessary previous post quote removed

[dx100uk]

just type no need to keep hitting quote.

 

send ONE more email 

stating email is not to be used regarding anything to do with our mutual claim.

 

dx

[Restart]

Okie doke @dx100uk

[FTMDave]

On 09/02/2023 at 11:02, Restart said:

I had received the initial ticket from the car park company (I ignored this)

Thanks.

 

So we need you to upload the initial ticket (redacted of your personal details) so we can see if the fleecers have bothered to respect the legal timeframes when sending it out.

[brassnecked]

They mess up with their timings and whena document should be sent more than many would think.

[Restart]

Sorry @FTMDave That went into the bin as soon as it arrived.

[Nicky Boy]

Looks like you need to SAR the fleecers to get all the paperwork they reckon to have sent you...