Court Claim. BW Legal on behalf of Excel Parking PLEASE HELP

T24646

I have received county court claim forms from Northampton County Court for an un paid PCN. The claimant is Excel Parking Services LTD. The "address for sending documents and payments" is stated as BW Legal.

Particulars of Claim:
The claimants claim is for the sum of £100 being monies due from the defendant to the claimant in respect of a parking charge notice (PCN) is on 25/03/2015 (issue date) at XX:XX:XX at XXXXXXXXX Retail Park XXXXXXXX.
The PCN relates to XXXXXXX under registration XXXXXXX.
The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN, but the defendant failed to do so.
Despite demand having been made, the defendant has failed to settle their outstanding liability.
The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 25/03/2015 to 26/07/2016 being an amount of £9.80.
The claimant also claims £54.00 contractual costs pursuant to PCN terms and conditions

Amount claimed: £163.80
Court fee: £25.00
Legal representatives costs: £50.00
Total amount: £238.80

Background:
I do not have any specific recollection of this occurrence. I have never used this car park. My father in the past was the driver of the vehicle however it is registered to me. Having spoken to him he does not remember this carpark or driving there but him being elderly his memory isn't what it used to be.
The letters have been coming to my Fathers address for me. I have moved out of my fathers address a year ago from when the first letters started being posted there (My move was informal as I lived with a friend). My mother knowing little about private companies and also familiar about my mental state as at the time I was going through a bitter divorce she decided to simply bin the letters without ever letting me know. I know this was not the right thing for her to do but motherly care overrides everything.

So Far:

I have not completed the AOS but I intend to defend all of the claim the letter was issued on 27 July 2016

Here's where I'm a bit stuck. I don't know where to start with my defense and/or witness statement. I've spent the last few hours reading loads of threads inc the newbies thread so I have a few ideas about points my defense should include but that's about it.

I'm a complete newbie when it comes to this and any help would be appreciated.

I'm going to do some more research tomorrow and start drafting my defense. I will post on here when ready but I would really appreciate some pointers to get me started and if possible so example words/ sentences/ paragraphs.

Many thanks in advance for ALL your amazing help. As I say together we are greater.

Umkomaas

Your most urgent action now is to acknowledge service of the papers which will give you an additional 14 days to prepare your initial defence. You must leave the 'Defence' box completely blank at this stage - nothing typed into it.

You have read the newbies FAQ sticky but did you read and click on the links in post #1 (headed Small Claim?) where private parking lay representative Bargepole walks you through the small claims process. Also linked in that section are some defences and witness statements that have been previously used.

You might also want to take your case over to PePiPoo where a number of court savvy people advise. You need to register first, but don't use a hotmail email address, because (apparently) it doesn't work.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

HTH

Umkomaas

You might also want to take your case over to PePiPoo where a number of court savvy people advise

Just noticed you have done so already. You're in the right places now for the best help.

T24646

Yes I already have... cheers mate I will be filling in the AOS I believe you can do this online as I was given a password? and tonight going to work on a defence statement.

Smeilly

I'm in the same boat. I was thinking of just ringing bw legal and offering to pay a full and final settlement of £100. I'm not sure I want to chance defending it and then getting more costs lumped on top. I think it's scandalous they can charge this amount but reading all the different threads on here it's mind boggling. Hope your successful in defending it though x

Umkomaas

I was thinking of just ringing bw legal and offering to pay a full and final settlement of £100.

"We've got another one panicking folks, a few more turns of the screw and he'll totally bottle it and cough the lot, even though our case is pretty chancy. It was a great stunt to fire off all these threatening letters full of legalese and quoting that bloke Beavis. Another one parts with his cash so we can fund more extortion attempts on little old ladies, cancer patients, hospital cases and anyone else we can get our claws into. Lubbly jubbly".

The_Deep

Never mind, they would only spend it on trainers.

beamerguy

Smeilly wrote: »

I'm in the same boat. I was thinking of just ringing bw legal and offering to pay a full and final settlement of £100. I'm not sure I want to chance defending it and then getting more costs lumped on top. I think it's scandalous they can charge this amount but reading all the different threads on here it's mind boggling. Hope your successful in defending it though x

Yup, you can do that, it's your money but to everyone on this forum, take no notice, DO NOT PAY BWLEGAL .... SO SIMPLE

Smeilly

And if I don't pay I run the risk of getting a ccj for a higher amount and risk losing my job. This is why I'm not wanting to take a chance.

HO87

Smeilly wrote: »

And if I don't pay I run the risk of getting a ccj for a higher amount and risk losing my job. This is why I'm not wanting to take a chance.

Given that you are aware of the situation how could a ccj be registered against you? If the PPC issued proceedings you could push them to the wire and simply pay the debt off at that point or negotiate a settlement. A ccj can only be registered once judgment has been obtained and you don't pay the amount due for a further 28 days.

If you want to understand what the real chance of your being taken to court is visit www.bmpa.eu for the statistics. Its of the order of less than 1%.

Umkomaas

Smeilly wrote: »

And if I don't pay I run the risk of getting a ccj for a higher amount and risk losing my job. This is why I'm not wanting to take a chance.

Exactly the reaction the BWL letter was designed to elicit.

'Risk losing my job' .......... Wise up fella, utter nonsense!:rotfl: