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#Post#: 66295--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: April 9, 2025, 7:49 am
---------------------------------------------------------
Hi all
Following the failed mediation, I've received the following
letter from BWLegal in response to my defence. Am I correct in
thinking that, at this stage, I need do nothing else until
directions are issued?
[img width=1100
height=1466]
HTML https://i.imgur.com/01IZV9l.jpeg[/img]
[img width=1100
height=1466]
HTML https://i.imgur.com/Ea10OWJ.jpeg[/img]
First two pages only. Pages 3 onwards are some guff about
instalment plans, copies of correspondence to date, and
photographs of the vehicle.
#Post#: 66315--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: b789 Date: April 9, 2025, 9:54 am
---------------------------------------------------------
It’s a tactical letter, often used:
[indent]• To appear authoritative, reasserting their narrative.
• To intimidate or pressure you into settling.
• To pre-emptively neutralise your defence points before formal
evidence exchange.
• To try to fill in the gaps of their defective PoC without
formally amending it (which they cannot do without permission
after DQ stage).[/indent]
It also helps them later say, “We tried to resolve this
reasonably,” even if the content is largely boilerplate and
evasive. It may be useful later to show the court that they
failed to engage properly with your PoFA arguments
pre-litigation, reinforcing a CPR 27.14(2)(g) unreasonable
conduct costs argument.
You do not need to respond to it now. If they try to rely on
points in this letter at trial without having included them in
their WS, you can object on the basis of ambush and procedural
unfairness.
Let us know when this has been allocated to your local court and
show us any orders made by the allocation judge.
#Post#: 67001--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: April 14, 2025, 6:20 am
---------------------------------------------------------
I've received a short letter from CNBC today., dated 3rd April:
"This claim has been transferred to the County Court at St
Helens for allocation. On receipt, the file will be referred to
a procedural judge who will allocate the claim to track and give
case management directions. Details of the judge's decision
will be sent to you in a notice of allocation."
Is this just a stage in the process that will result in the
claim ending up at my local court, as per my N180 request, or
does this now need input from me? St Helens seems a strange
choice if this is where it is to be heard, given that it is
nether local to me nor the claimant.
#Post#: 67005--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: b789 Date: April 14, 2025, 6:31 am
---------------------------------------------------------
This is an administrative error by the CNBC. You now have to
send two urgent email/letters to both the CNBC and the other
court.
Send the following to CaseProgression.CNBC@justice.gov.uk and CC
in yourself and include a copy of your completed DQ:
[quote]Dear Sir/Madam,
Re: Norwich Traffic Control Ltd v [Defendant] – Claim No.
[XXXXXXXX]
I am the Defendant in this matter. I have received a Notice
stating that the claim has been transferred to St Helens County
Court for allocation. However, this is not my local court, and I
did not request it.
In my Directions Questionnaire (N180), I specified that my
preferred hearing venue was [insert name of local county court],
which is nearest to my home.
This appears to be an administrative error. I respectfully
request that the case be re-allocated to [Local County Court],
in accordance with CPR 26.2A(2) and the overriding objective.
Please confirm the correction and confirm that no allocation or
directions will proceed from St Helens in the meantime.
Yours faithfully,
[Full Name]
[Address]
[Email / Phone][/quote]
And send the following to
civil.sthelens.countycourt@justice.gov.uk (or you can try
enquiries.sthelens.countycourt@justice.gov.uk) and also CC
yourself:
[quote]Subject: Incorrect Transfer – Claim No. XXXXXXXX
Dear Court Manager,
I am the Defendant in this matter. I have been informed that the
case has been transferred to St Helens County Court. However,
this appears to be an administrative error, as my N180
Directions Questionnaire clearly requested my local court:
[insert local court].
I have written to the Civil National Business Centre (CNCB) to
request correction. Kindly place a note on the file and suspend
any further action until the CNCB has confirmed the appropriate
court venue.
Yours faithfully,
[Defendant's Name][/quote]
#Post#: 67007--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: April 14, 2025, 6:44 am
---------------------------------------------------------
Thanks b789 - both emails sent.
#Post#: 68018--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: April 22, 2025, 5:26 am
---------------------------------------------------------
No response from HMCTS yet, but this email from BWLegal today:
"Dear Snudge88,
Our Client: Norwich Traffic Control Limited
Claim Number: xxxxxxxx
Our Reference: 572677
Balance Due: £245.00
We write in respect of the above matter.
The claim has now been transferred to the County Court at St.
Helens for further directions.
Our Client remains willing to resolve matters with you without
the need for any further involvement from the court as this will
save further time and costs from being incurred.
Please contact our offices on 0113 487 0430 to discuss the
options available to you to settle this claim. In the absence of
a settlement, we remain instructed to continue with the legal
action and proceed to the hearing.
If you are in any doubt about the content of this email and/or
require guidance/assistance on clearing the balance due to
financial difficulties, we would advise you to seek free advice,
alternatively you can obtain legal advice from a Solicitor.
We look forward to hearing from you.
Yours sincerely
BW Legal
Eden Moore
Paralegal Grade 2"
Do I just not dignify this with a response? Or would a brief
response along the lines of "position made clear in defence, I
will be seeking costs if you continue" be useful here?
#Post#: 68044--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: b789 Date: April 22, 2025, 7:08 am
---------------------------------------------------------
Given the administrative venue error and the transfer to St
Helens rather than your local court — a short response would
serve a useful tactical purpose. It confirms that you are still
engaged, shows awareness of process, and may deter BW Legal from
taking liberties during the allocation stage or ahead of any
possible discontinuance.
A brief reply that reiterates that the matter is defended,
confirms the position is unchanged and gives notice that costs
may be sought under CPR 27.14(2)(g) if unreasonable conduct
continues.
[quote]Dear Eden Moore,
Re: Claim No. [XXXXXXXX] – Norwich Traffic Control Limited v
[Defendant Name]
Thank you for your email of [insert date].
The Defendant’s position remains as clearly set out in the fully
pleaded defence. There is no basis for further negotiation. If
your client continues to pursue this claim unreasonably, the
Defendant will seek costs under CPR 27.14(2)(g).
Please also note that the Civil National Business Centre (CNCB)
has transferred this case to St Helens County Court, which is
not the Defendant’s local court as specified in the Directions
Questionnaire. This appears to be an administrative error. A
formal request has been submitted to the CNCB for the matter to
be re-transferred to the correct venue.
Accordingly, the Defendant does not accept that St Helens County
Court is the appropriate hearing centre for this claim, and any
further conduct premised on the suitability of that venue will
be challenged.
Yours faithfully,
[Defendant Name]
[/quote]
#Post#: 71621--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: May 15, 2025, 5:37 am
---------------------------------------------------------
Directions now received, summary as follows:
1) Case remains allocated to the Small Claims Track at St
Helens. Hearing to be conducted by telephone at 2pm on 1st
August 2025.
2) Written evidence upon which each party intends to rely is to
be filed at the court and served on the opposing party by 4pm on
11th June 2025, including statement from the party if they
intend to give evidence.
3) Parties can apply for the order to be set aside within seven
days of service (order dated 11th May 2025).
4) Claimant to pay the trial fee by 4pm on 4th July 2025,
otherwise the case will be struck out.
Is the previously-provided defence sufficient to be filed with
the court here to act as my 'in court' defence? Also, is it
worth re-submitting the Strikeout Order re point 3 above?
Thanks!
#Post#: 71654--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: b789 Date: May 15, 2025, 9:25 am
---------------------------------------------------------
You do not "file" your defence with the court. your defence has
already been pleaded and is based on the claimants flawed PoC.
You will deal with anything if and when the claimant pays the
trial fee.
As this is a telephone hearing, unless you are prepared to ay a
fee to have it transferred to a local court for a hearing in
person, you will have to rely on the claimant going all the way
or not.
The deadline for the parties to submit their Witness Statements
(WS) is 11th June. Let's see if they submit their WS by that
date. If they have not submitted anything a few days before that
date, remind us.
#Post#: 75123--------------------------------------------------
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne
's Quarter, Norwich
By: Snudge88 Date: June 6, 2025, 8:26 am
---------------------------------------------------------
Hi b789
No word from the claimant so far. Anything you'd recommend I do
at this stage, in anticipation of the 11th June deadline for
filing their witness statements?
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