HELP writing a defence for CC with Excel & BW Legal

Ames2016

Hello,

I received a parking charge notice in February of 2015 which was noted as parking outside of the marked bay from 20:00 - 20:06( times on the ticket). This was in a small car park in Prestwich, outside of Panama Hattys (where we were customers) -my friend was parked next to me and she received the same one - we are now in the same boat after neither of us appealed etc (obviously i regret this now).

The story is basically that whoever was at the end of the line of cars, had parked over the white line... therefore forcing all subsequent cars to do the same - and this parking attendant booked the whole row of cars when they could clearly see this was a result of one car/driver and was unavoidable by the rest of us. The car park was full - therefore causing them no loss of earnings. The signage was definitely not up to BPA standards - and even if i had of read the whole sign - if it did contain anything regarding parking over a line - i still would have done the same, as it was obvious that this was the only way anyone was now able to park - i assumed that these attendants had even a shred of decency to recognise this.

The charge was originally for £60, which increased to £100 - then had £54 of fees on when it was referred to BW Legal, who then added £10.50 interest on, and now £25.00 fees and £50.00 legal rep costs (which i've read they can't even claim for this in small claims court?) - overall absolutely ridiculous considering neither me nor my friend, or in fact anyone caused them any loss of earnings.

I am now faced with writing my defence for court. What points should i defend first? Is there anything else i should mention? Could me and my friend use each other as witnesses? I've read so many threads that i just need some specific advice on my situation please.

Thank you in advance,

The_Deep

Others will give you lots of legal arguments, but I would just tell it as it is. Judges are not fools, they smell a rat when they see one, and do not expect appellants to be legal eagles.


Copy the BW demand to the SRA, and complain that sum seems seem to be more than allowed, indeed, more than a judge would usually award if they won.


https://www.sra.org.uk/home/home.page


They know this is not allowed yet they persist, most unsolicitoty conduct, and likely to bring the profession into disrepute.


This is a disreputable company, o[perating at the very fringes of the law. do not accord them the respect you would to an honest company.

Redx

jut search for and read about twenty of the threads on here and on pepipoo forums for holding defences and use those to draft your own skeleton defence

it will be mainly based on legal arguments but will be bullet points at this stage

yes you can make witness statements for each other and support each other in court if necessary , even though its biased testimony , a judge will decide the validity

chances are the original car was a decoy car that forces errors from all the rest, be better if you had used your mobile phone and taken pictures though

dont focus on "what happened" at this stage, concentrate on drafting your holding defence based on recent 2016 ones in other threads, its about disputing their ability to bring a court case at this stage

the forum search box will help you find them , this forum is currently awash with court claims , as is pepipoo

Umkomaas

@OP.
Have you actually received stamped court papers from Northampton County Court bulk distribution centre?

Have you formally acknowledged service of the papers?

Ames2016

Thank you for your input this far - i'm going through other threads trying to pick bits and bobs i can use in my defence.

Yes i've received papers and acknowledged online - so i now have 28 days in which to draft my defence.

Other threads mention sending BW Legal a part 18 written request for information in the meantime? Then after the 14 days are up when i've sent that - then send off my defence?

Should i mention a witness in my defence?... or leave that until after?

Redx

put anything you will rely on later down the line as a bullet point in your holding defence , including mention of a witness statement or statements

you dont have 28 days to do this , you have 28 days after the initial 5 days from the date of the claim form , so its deemed served after 5 days and you have 28 days to put in the holding defence PROVIDING you have acknowledged it online

so not 28 days from today, not unless you were super quick about it

the holding defence should go in before day 30, or preferably earlier

Ames2016

Thank you Redx - i'll make sure to add the bullet point regarding the witness statement.

Ok so slightly more time than i thought - thanks again.

Matthew87

How did you get on?? I'm in the process of writing up my defence for a claim at the same car park. Different circumstances, but it'd be helpful to hear where you are up to etc, and what you've done.