Parking Charge Notice - Calder Park, Wakefield - Help

kryten3000

Send them a LOC123 based response. Do not bother with the "30 seconds" angle.

Remember you're the Registered Keeper and VCS are not depending on POFA.

shaftonred

within the letter from LOC123 it mentions the below (which VCS provided items 1,3,4,7,8).. do i still leave these in in my response to BW Legal as their latest letter simply advises that they are to commence legal action if payment isnt made, detailing only the reg, date, contravention and location?


I require your client to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.


I'm thinking to leave these in as surely they would need to provide the evidence in its entirity again (up to this date no photo's or details have come from BW Legal, only the initial PNC and Letter from VCS)?

shaftonred

Following my last email to BW Legal I was surprised that they responded to the email within a matter of several days with the following...


We have now issued legal proceedings in the form of a County Court Claim on xx March 2018 under claim number XXXXXXXX which you will shortly receive directly from Northampton County Court (County Court Bulk Centre) as you have failed to make repayments on your above account


Up until this point I was fairly confident that with the advice I have seen and other posts that they would either drop off or ignore the email for a while. So seeing this email has come as a surprise and I am now nervous that this looks like I will be heading for court and I'm now getting nervous.


I have little knowledge of the law in this instance and despite reading a lot on MSE I don't feel confident. The whole legalities and prior cases mentioned in the stickies is very confusing... at this stage i understand I need to wait for a letter from the county court but how clued up do I need to be when heading into court? I have the facts, letters and emails of correspondance.. is it worth seeking some free legal advice?

KeithP

I'm amazed that you are surprised to see this email.

Go back ad re-read your whole thread.

Last April, that's nearly a year ago, you were told:

You WILL get a claim - but take heart, we have NOT lost one yet.

Calm yourself and look at this video:

When a county court hearing takes place in a judge's chambers

It is just a formal business meeting.

Coupon-mad

is it worth seeking some free legal advice?

Nope.

You have everything you need here, to defend and almost certainly see off the claim with a win.

how clued up do I need to be when heading into court?

Just well prepared, and with your evidence, and by following all the court directions & deadlines and not thinking writing a defence is all that's needed. There are a few hoops but all can be jumped, and ordinary scared people like you win almost all the time on here.

Your case is the same as all the other Excel ones and they pretty much always churn out a claim, and we told you that, and other threads show you what happens in the end. You are now close to the end, but you MUST defend, same as on all the other threads.

And please read the NEWBiES thread post #2 all about what to do and when and how.

EDIT - 2020
THIS IS AN OLD THREAD, STOP READING IT.

WE NOW HAVE A TEMPLATE DEFENCE ON PAGE ONE OF THE FORUM.

nosferatu1001

ALso, any hearing is literally months away.

You have a huge amount of time in which you can find out and reassure yourself on the process. Newbies thread, post 2 - bookmark it. Read it. Read it again. Every stage, read it.

shaftonred

Ok so i have finally received a claim form through the post from the county court in respect of this fine. Funnily enough it was posted on the same day as a letter from BW Legal advising that they had issued one... interestingly I had emailed BW Legal over a week earlier advising them to update their records as I had moved house yet they still posted to the old address along with the county court form.


Due to mail re-direction this meant I received this today despite it being posted on the 13th March, does this allow me any additional time as i have effectively received this late and also this will surely show a total lack of basic legal work on behalf of BWL who have obviously fired this out automatically.


So now I have started the AOS online and hope to have my defence started to share in the coming week or so....

KeithP

What is the issue date on the Claim Form?

Having done the AoS, you have thirty-three days from the claim form issue date to file your Defence.

shaftonred

I have just come accross something which I am hoping could help my case but was hoping for someone who is more in the know to advise me...


At the location where my vehicle was parked I have noticed that the double yellow lines dont have any T bars at the end which I believe is illegal?


https://www.google.com.hk/maps/@53.652474,-1.5248536,3a,75y,229.68h,99.8t/data=!3m6!1e1!3m4!1sw21NPTMBClZchIkEYx37HA!2e0!7i13312!8i6656?hl=en

shaftonred

KeithP wrote: »

What is the issue date on the Claim Form?

Having done the AoS, you have thirty-three days from the claim form issue date to file your Defence.

It was dated the 13th March but only received today.