BW Legal Claim form

HSR123

I've attached a copy of my defence bellow and would appreciate any feedback in regards to any changes that can be made before I sent it of. Thanks in advance.

1) The claim is denied in its entirety for the following reasons, any of which are sufficient to dismiss the claim the charge is for an underpayment of around £1. There is therefore no justification for charging £100.

2) The vehicle stated in the incident was not given a 10 minute grace period post ticket expiry which must be allowed by law. The parking ticket was issued as the driver returned to the car within the 10 minute grace period and a reasonable grace period has not been given.

3) The charge is an unenforceable penalty, neither based upon a genuine pre-estimate of loss nor any commercial justification. The Beavis case confirmed that the penalty rule is certainly engaged in any case of a private parking charge and was only disengaged due to the unique circumstances of that case, which do not resemble this claim.

4) The claim is unsigned and simply marked 'Legal Team' in typeface. The Claimant has provided no further details of how the proposed £50 legal representative's fees have been accrued. The claimant has added unrecoverable sums to the original parking charge. If 'Legal Team' is or are an employee or employees then the Defendant suggests they are remunerated and the claim/draft claim are templates, so it is not credible that £50 legal costs were incurred. Nor it is believed that any fee was paid to any debt recovery agency so the Claimant is put to strict proof it has. I deny the Claimant is entitled to any interest whatsoever.

5) The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as "Legal representatives costs". These cannot be recovered in the Small Claims Court regardless of the identity of the driver.

6) Additionally, any monies over £100 are not allowed by the Protection of Freedoms Act 2012 and are an attempt to artificially boost the claim in an attempt to get around the costs limits in small claims cases.

HSR123

Update Time

I submitted my defence last month to the court and received a letter from BW legal saying that they will be continuing with the claim.
I have now received a N180 form from the courts which I need to fill and return by 2/3/17

Looks like I'm going to court......... Lucky me

Coupon-mad

Yep but most here win! See bargepole's post about court procedure (in the NEWBIES thread) if you have any questions about the N180 or later, the time when you must file a Witness Statement and evidence, a few weeks prior to the hearing date.

HSR123

Another update:

Finally had my letter from the courts confirming the date of the hearing. I also noticed on the letter that it states "unless the claimant does by (2 weeks time) pay the court trial fee or file a properly completed application the claim will be struck out"

Am I right by saying BW legal/ Excel Parking haven't provided one of the 2 requirements stated above or is this a standard letter than has been sent out?

Thanks

Lamilad

It's a standard letter from the court advising the claimant that they must pay the court fee by xx date and you and the claimant that you must file and serve copies of all documents and evidence upon which you wish to rely by xx date (usually 14 days before the hearing)

Coupon-mad

As Lamilad says - more important is that you read (page 2) what you have to do and by when.