Bay Park Management - Can I win in court?

Vomityspice

You should turn up to explain (and evidence) that the claim was served correctly and that their application to have the default judgment should be dismissed.

There are strict timescales for companies to respond to court paperwork, it's not your fault they they didn't bother.

The hearing will be in a small room at the county court, It will be informal so the judge won't be in robes!

If you want to do so homework, look at the civil procedure rules on the justice.gov.uk website specifically rule 13 which applies in this case.

Have you been served a N244 form? What does it say? Particularly part C?

You could book an appointment with CAB as I suspect your trying to avoid paying for a solicitor (not necessarily a bad thing!)

Coupon-mad

Vomityspice wrote: »

You could book an appointment with CAB as I suspect your trying to avoid paying for a solicitor (not necessarily a bad thing!)

Trouble is that the CAB and Consumer Direct haven't a clue about such matters.

OP have you posted yet on www.pepipoo.com forums? If not, do so now, you won't regret it. They will give you free advice (there are some very experienced posters on there who have 'been there done that' before you). I am sure they could help point you in the right direction as to what to say and do to support your case.

Good luck.

tbutler12345

OK thanks everyone - I have posted over at pepipoo http://forums.pepipoo.com/index.php?showtopic=45224&st=0&p=405455&#entry405455

tbutler12345

Update: I went to court today - it was just me and the judge in his little office. I had sent in some evidence the week before, which the judge had already read and when I sat down he said - no sign of the other party? I am not surprised! So I knew he was on my side.

He said he would uphold the judgement and add £50 for my costs (loss of earnings) for missing work today.

He said I should report BPM to the Trading Standards but couldn't offer any further advice on getting hold of BPMs real address or how I could get my money back.

Any suggestions for next steps? I assume they will just ignore the court verdict when it is sent through by the court?
Do you know if I can use the warrant that was created previously or do I need to apply (and pay) for another one?
What enforcement method should I use - will I need to pay for that?
Also the quietly advised me that I shouldnt seek to add the landowners as a co-defendant as they would not be liable for the debt in court as it was not paid to them

Any advice on next steps would be appreciated!!

Quentin

If you have to enforce the judgement, then a new warrant will be needed and have to be paid for. A warrant of execution will get the court bailiff involved on your behalf (at no extra cost, apart from the cost of getting the warrant).

The cost of obtaining the warrant is non refundable by the court, but would be added to the amount owing from the judgement you already have to be paid by the defendant.

Sandpaws

i am about to sue both the MD of Bay Park management and the Landlord at the site on Power Road Chiswick (Rezel PTY Ltd) as a result of a clamping and threatened tow away on 15/12/09. If anyone needs their names and contact details, please follow this link. I intend to have this extremely 'unpleasant and unscrupulous' business (I choose my words carefully) fully investigated and prevented from any further trading, at whatever cost. The media and local MPs will also be involved, so watch this space. Let me know if you have had any experience (notably unpleasant) with the Bay Park Management company.

Coupon-mad

Sandpaws wrote: »

i am about to sue both the MD of Bay Park management and the Landlord at the site on Power Road Chiswick (Rezel PTY Ltd) as a result of a clamping and threatened tow away on 15/12/09. If anyone needs their names and contact details, please follow this link. I intend to have this extremely 'unpleasant and unscrupulous' business (I choose my words carefully) fully investigated and prevented from any further trading, at whatever cost. The media and local MPs will also be involved, so watch this space. Let me know if you have had any experience (notably unpleasant) with the Bay Park Management company.

Have you registered and posted about this on pepipoo.com? If not then read a few cases and post a new thread on here to share info and advice:

http://forums.pepipoo.com/index.php?showforum=30

Many cases on there where clampers have been successfully taken to Court along with those who contracted the clampers, and the motorist has won.

Good luck, glad you are naming the landowner as well as that's where people go wrong. You have to sue someone with the wherewithall to pay you.

usignuolo

I know from experience that the parking code of practice relating to vehicle imobilisation sets advisory charges and from memory £250 - £300 is about right......

whose code of practice is this?

usignuolo

Looked it up and this is the BPA recommended code of practice for clamping although I assume Bay Park Management are not BPA members:

We will record any complaints we receive about our
members. Also, if the DVLA asks us, we will investigate
any complaints about alleged breaches of the Code of
Practice. However, we are not set up to deal with parking
or control related disputes from the general public. Nor
are we a regulatory body. Therefore the Code does not
provide a way for drivers to challenge how a landowner
or operator has applied parking control and enforcement
on private land. Any challenge or appeal is a matter for
the landowner’s or operator’s procedure. We will not
get involved in the arbitration of a dispute between an
operator and an individual.

And this is the BPA recommended scale of charges

A10 Charges
A10.1 The fees charged for removing an immobilisation device,
retrieving a removed vehicle or storing a vehicle must be
reasonable and not excessive.
A10.2 We recommend that the following fees should not be
exceeded (these fees will be reviewed annually in April by
the AOS Board):
Release fee following immobilisation.
• £125 (private cars or private light-goods vehicles)
• £180 (medium-goods vehicles)
• £250 (HGV/PCV)
Vehicle removal: £250
Vehicle storage: £35 a day.

If you immobilise a vehicle and then within three hours
remove it to a pound you should not charge more than
the fee for removal plus the fee for storage. We believe you would be acting unreasonably if you were also to
charge an immobilisation fee in these circumstances.

Comments by the landowner that the recommended code of practice applies should be taken with a pinch of salt, they have probably just chosen to believe what the PPC tells them. Particularly if they are getting a cut.

Also I am highly dubious that the PPC can hide behind legislation designed to protect legitimate firms from not having to reveal their address because of "threats", in order to avoid having to pay court fines and equally sceptical of why the baliffs should use this apparent protection as an excuse. More like can't be bothered. I agree with posters who say that the court can instruct address be revealed to the baliffs.

I have however also heard of PPCs claiming this exemption when they don't have it, but because they quote the legal wording applied to such protection, everyone assumes they have it. Might be worth checking if it has actually been granted in this case. After all it is equivalent to granting it to protection racketeers.

usignuolo

This may also be of interest
Statutory Instrument 2002 No. 912
The Companies (Particulars of Usual Residential Address) (Confidentiality Orders) Regulations 2002
Service addresses
6. Where an application for a confidentiality order is made by a director, secretary or permanent representative, that individual shall notify to each of the companies specified in the application the service address specified in the application pursuant to regulation 2(2)(b).

(2) A service address must be at a place at which service of documents may be effected by physical delivery other than a PO or a DX Box Number and where that delivery is capable of being recorded by the obtaining of an acknowledgement of delivery by any person.

(3) A service address must be situated within a state within the European Economic Area, and "a state within the European Economic Area" means a state which is a member of the European Communities and the Republic of Iceland, the Kingdom of Norway and the Principality of Liechtenstein.

Revocation of a confidentiality order
11. - (1) The Secretary of State may revoke a confidentiality order at any time if she is satisfied that -
(a) the beneficiary of the order, or any other person, in purported compliance with any provision of these Regulations, has furnished the Secretary of State with false, misleading or inaccurate information

The service address for the company can be disclosed by companies house to an approved person or authority which includes police and legal authorities.