LBCCC from Northampton

savingthepennies73

Hi
I have received 3 LBCCs from Northampton all from BW Legal acting on behalf of Excell Parking for failing to pay for a ticket at the Peel Centre in Stockport.
I have ignored all previous correspondence but now realise I have to act.
I don't believe I was the driver at the time of any of the alleged offences. It may have been my wife or one of her friends.
Do I simply send the defence/counterclaim form and state that I was not the driver or do I have to name a driver at this stage?
Many thanks for any help you can offer.
Jon

parkingwoes_2

savingthepennies73 wrote: »

Hi
I have received 3 LBCCs from Northampton all from BW Legal acting on behalf of Excell Parking for failing to pay for a ticket at the Peel Centre in Stockport.
I

Northampton don't send LBCCs or LBCCCs they issue court claims.

So do you have a BW Legal letter before claim or actual court papers?

Do you have one claim or letters or 3 individual.

If you have court claim then you will need to acknowledge the claim within 14 days of service of the claim.

Tick the box you intend to defend in full and leave the defence box blank.

This extends the time to submit any defence to 28 days from service.

NB if you have court papers it is too late to name the driver but this is a good defence point as Excel's Ntks are not compliant with POFA for keeper liability

Coupon-mad

savingthepennies73 wrote: »

Hi
I have received 3 LBCCs from Northampton all from BW Legal acting on behalf of Excell Parking for failing to pay for a ticket at the Peel Centre in Stockport.
I have ignored all previous correspondence but now realise I have to act.
I don't believe I was the driver at the time of any of the alleged offences. It may have been my wife or one of her friends.
Do I simply send the defence/counterclaim form and state that I was not the driver or do I have to name a driver at this stage?
Many thanks for any help you can offer.
Jon

Sounds like you have court papers so don't go rushing off some half-baked weak defence. Certainly do NOT name the driver (in any case it's too late at court stage). There are loads of examples of Excel/BW Legal defences to be found on forums, particularly on pepipoo:

http://forums.pepipoo.com/index.php?showforum=60

You really should not have ignored BW Legal letters. Far easier to have been replying to them and reporting them to the CSA and SRA like loads of other people are on here at the moment.

You need to acknowledge the claim online by using the Government Gateway password on the claim form. Then you will have extended the time to 28 days from service of the papers, which will give you time to read all the other BW Legal/Excel claim threads on pepipoo. Loads of them show a decent defence, which is not just a matter of saying you were not the driver (nor sending back bits of paper). It is all best done online at this early stage.

And do not reply to any 'private message' you might get on either forum, if you register on pepipoo as well. People sending messages offering to help are not to be responded to, could be the parking firm, you never know. Keep it in the open, stick to this thread (and any thread you start on pepipoo) and you will get lots of assistance with the defence wording.

You cannot ignore this nor miss any deadlines if you have court papers. The keeper can defend this though. Is it one claim, alleging 3 charges?

savingthepennies73

Thanks for the replies.

I have a 3 claim forms for 3 separate incidents which all arrived on the same day issued by County Court Business Centre in Northampton,

They relate to 3 'offences' dated 20/02/15, 15/10/2015 and 24/08/16.

I replied on line via moneyclaim.gov.uk and firstly mistakenly replied immediately with a defence (I was not the driver) but have now sent the AOS on line.

I always read that Excell claims for PCNs should just be ignored! Now they want me to pay more than £700!!!

I work out of the country and a lot of the paperwork would have been mislaid by my wife and not read by me anyway. (She may have opened it, seen it was from Excell or BW Legal and binned it.)

Is it worth using Private Parking Appeals? They charge £20 to word a reply to the claim form.

Many thanks

The_Deep

Is it worth using Private Parking Appeals? They charge £20 to word a reply to the claim form.


A QC might be cheaper.

bargepole

savingthepennies73 wrote: »

I replied on line via moneyclaim.gov.uk and firstly mistakenly replied immediately with a defence (I was not the driver) but have now sent the AOS on line.

In what universe do you think 'I was not the driver' is a defence?

I suggest you get reading: http://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Redx

savingthepennies73 wrote: »

Thanks for the replies.

I have a 3 claim forms for 3 separate incidents which all arrived on the same day issued by County Court Business Centre in Northampton,

They relate to 3 'offences' dated 20/02/15, 15/10/2015 and 24/08/16.

I replied on line via moneyclaim.gov.uk and firstly mistakenly replied immediately with a defence (I was not the driver) but have now sent the AOS on line.

I always read that Excell claims for PCNs should just be ignored! Now they want me to pay more than £700!!!

I work out of the country and a lot of the paperwork would have been mislaid by my wife and not read by me anyway. (She may have opened it, seen it was from Excell or BW Legal and binned it.)

Is it worth using Private Parking Appeals? They charge £20 to word a reply to the claim form.

Many thanks

if you have put an awful or weak holding defence in (especially "I was not the driver") then its likely you will lose all 3

the defence box should have been left blank until you had a decent holding defence to put in there, because unless you pay out a lot of money to change it later, you cannot change it or add more points in

foolish , very foolish behaviour, this could cost you the lot

savingthepennies73

Thanks. I realise I screwed up. I've asked Private Parking Appeals to look at it for me.
No way I can afford the money they're claiming anyway. Just don't need the stress of court. Especially as I work away so much.
Lots of conflicting advice on different forums. I thought I was doing the right thing by ignoring all the paperwork but apparently that advice changed in 2015.
I'll keep you posted.

Redx

the issue of being able to afford it is a non-starter , everybody says that

a court claim , judgment and bailiffs etc happens daily , even to those who "cannot afford it"

whatever you manage to do , dont let "being unable to afford it" cloud your judgment

Umkomaas

I thought I was doing the right thing by ignoring all the paperwork but apparently that advice changed in 2015.

Nope, the advice changed in late 2012 after the introduction of the Protection of Freedoms Act 2012 (PoFA)

Redx

savingthepennies73 wrote: »

I thought I was doing the right thing by ignoring all the paperwork but apparently that advice changed in 2015.

the advice changed in OCT 2012 due to POFA2012 , the floodgates were opened in NOV 2015 after Barry Beavis lost his court case for the third time at the SC

the PPC has always had the option to issue a court claim within 6 years (5 in Scotland) for an unpaid invoice , that has been the case since 1973 and is the case for ALL unpaid invoices

the ignore advice was based on the fact they would lose in court due to arguments like "not a gpeol" , but the SC put paid to that last year , hence the current deluge of court papers since the Beavis judgment