I would simply ignore.

Any information you give them now is likely to be to their advantage, especially if you remind them of their failings before it's too late.

The implication being that they are more likely to discontinue before paying the court fee on 30 July, so they're scrambling to get "something" at the eleventh hour.

However if they do pay the fee, you've then got a week to compose a witness statement as you know. I just think this means it's less likely that they'll pay.

Discontinuance letter received today in the post. Thank you so much and everyone else on this forum for all of your advice and information!

You ned to research what a Witness Statement is, it’s not a copy or rehash of a template/boilerplate defence which only moans about the process. Especially since it’s the basis on which you could be questioned in court, so you need to understand it.

All receieved, i'll draft up my witness letter. Shall I post here before formally submitting?

I'm not sure how I didn't pick this up before, however I've only just noticed the photo evidence they have provided are 4 photos. 3 of the photos are dated 04/06/2025 19:31:48 which show my car in full, photo of the contractual sign and photo on my parking permit. The last photo dated 05/06/2025 20:07:27 is only a picture of the bonnet of a car, no VRM visible and no full photo of my vehicle or close up image on my parking permit to what they took the day before. I now do not even know if this is even my vehicle....

I should of picked this up earlier but we literally had a baby a month after the letter was received so had other more important things to deal with

The claimant pays the fee, not the defendant, so BW Legal need to pay or discontinue before 4pm on 30 July. If the fee is paid, you and BW Legal need to send the court and each other a Witness Statement by 7 August, two weeks in advance of the court hearing.

Thanks for the quick reply.

I take it my next steps now are to just wait and see whether they pay it or not. If they have and I receive their witness statement, upload it here for advice before proceeding and sending them mine in return?

Thanks

No.

The point of this forum, and all of its cases, are about self-defence.

Caveat: I have no experience of the use of the N434 form. It’s not unknown for courts to give bad advice.

I received an email from BW Legal in response to form N434 asking to confirm if I have legal representation so they can update their file accordingly, which I haven't responded to.

A letter was also received in the post today 29/05/2026 essentially willing to resolve the matter outside of court as part of "goodwill" for £100. Offer expires 18th June which I will not accept.

Attached is the letter below;

https://ibb.co/gMzWTtYf
https://ibb.co/Pz1TqDkV
https://ibb.co/0RHNtR7Q

You should expect to receive a court date, including dates by which the claimant has to pay the court fee and dates by which Witness Statements need to be submitted to the court.
If you post here when you do, you will get appropriate advice.

I received the response from the county court today after I requested to represent my wife

"Good afternoon

 

If you want your Husband to be your representative, please complete form N434, that way all correspondence will be sent to him.

 

 

https://www.bing.com/ck/a?!&&p=4dc99a529a3d5499d9313e26b9d7a7a7a845b1ead282e29b8293c171cced4858JmltdHM9MTc3NzQyMDgwMA&ptn=3&ver=2&hsh=4&fclid=0e1efe92-257e-63bd-0505-eb4524596207&u=a1L3NlYXJjaD9xPW5vdGljZStvZithY3RpbmcrZm9ybStQREYmRk9STT1SNUZENg

 

The file has been referred to a Judge for allocation

 

The Court will inform you in due course

 

 

Many thanks,"

Will update this thread further once I receive an actual court date

For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

“Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.”

After the mediator calls back...

If identified and authority confirmed:

“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”

If no/unclear authority:

“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”

If the mediator probes your defence:

”In what capacity are you asking that question? Are you legally trained?  If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.

I had the mediation call this morning and followed these steps.

I was informed that the total amount of the claim is £255 which relates to this parking charge issued of 5th June 2024. Maximum parking time 24hours. This vehicle entered the site at 1931hours on 4th June and left the site on 5th June, observed for 1 day 36minutes which is over the 24hours maximum period. It was also noted that no appeal had been submitted from the original parking charge or transfer of liability.

I outlined the above prepared statement to the mediator requesting the full name of the person attending etc. Mediator asked for my defence and said this information wouldn't change anything today. I replied that before we continue I require this information.

Received a call back and was told BW Legal are not prepared to provide that information so I informed them of this "Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue."

I was informed my response has been logged and the case will be updated as unresolved and passed to the courts. I should await a response from the courts in due course about what happens next.

Will keep you updated and as always, thanks for your continued help and support.

Quote from: KF9393 on November 17, 2025, 05:39:21 pm

I also put my partners details is the mediation section but will refuse any mediation

Although pointless in these cases, mediation in now mandatory in small claims. You don't need to settle, but you will need to attend.

In relation to attending mediation, I'm assuming this is done over the phone? Apologies for any confusion, I put my details in the mediation section but have been completing the rest of the paperwork on behalf of my partner and signed it off as her, as she is busy with our newborn.

If this ever makes it to court I'd also request that I attend on her behalf.

BW Legal

Thanks for clarifying. I have sent BW Legal a copy via their customer portal as they do not have a direct email address and then forwarded on this confirmation to dq.cnbc@justice.gov.uk and cc'd myself in.