Help! MONEY CLAIM FROM BW LEGAL AFTER 5 YEARS 4 MONTHS

Coupon-mad

You are not emailing the AOS.

Mareczek

Sorry, I realise the AOS is dealt with online by logging on to moneyclaim.

Many thanks

Loadsofchildren123

Do a statement (at WS stage) from another relative who can say she was driving grandmother that day. As long as D can say she recalls the day and what happened and where they went I would expect the court to believe her because the PPC can’t produce to counter her story.

Coupon-mad

And the time taken was merely to look for a disabled bay, then drive out, and they came back later and went through the same issues (clearly not enough disabled bays if it happened twice).

Not parking at all, not a contravention, and certainly not a single 'period of parking'.

And to charge for the time to drive round/wait for a disabled bay is illegal under the Equality Act 2010 (...obviously the Act doesn't say those words about disabled bays specifically, it's about the discrimination, disabled provision failures and harassment being illegal!).

It's a failure by a service provider, to make a reasonable adjustment, and discrimination by harassment of that disabled person/their carer. As well as a baseless claim because it was a double dip case!

Mareczek

Thank you Coupon-mad, that sounds like a great defence, I have my late Mum's (daughter's Grandma) Disabled Badge somewhere, will hunt it out.

Many thanks

logician

Loadsofchildren123 wrote: »

If you want to buy more time for your defence you don’t have to lodge the AoS for 14 days

Why - this will have no bearing on the amount of time the OP's daughter will have to file the defence. As Umkomaas states if the acknowledgment of service is done, this extends the time to file the defence to 28 days from service of the claim

(so a total of 33 days from the printed issue date on the claim form)

Mareczek wrote: »

Hi nosferatu1001!

The Issue date is 04 JAN 2018.



Thank you

this means the claim is deemed served on the 9th January

Your daughter needs to either respond to the claim and file the defence by the 23rd January or

Acknowledge service of the claim by the 23rd and submit/file the defence by 6th Feb at the latest

Mareczek wrote: »

I have received different advice on the acknowlegment of service issue a) e mail it off immediately? b) emai it off anytime within 14 days?

Which should it be?

Thanks very much.

For clarification then - to acknowledge the claim:

Your daughter needs to create an account on MCOL - register as an individual and she will need to make a note of the ID number created as part of the registration process
An MCOL customer number is also created as part of the process.

Your daughter will need the claim number and the password on the front page of the claim form.

Select the options to complete the acknowledge of service

Tick the box "I intend to defend the claim in full"

If you live in E& W - do not contest jurisdiction.

Do not put anything in the Defence box if you are simply acknowledging the claim

Your daughter can sign her name on electronically on the form before submitting this.

The system will create a document of the acknowledgment which you should download and save/print.

You cannot conduct the case for her and she would be wise to come to the forum herself as I am sure third party communications will prove to be difficult at some point.

logician

Mareczek wrote: »

Hi

I would be very grateful for any advice on how to deal with an MCOL relating to a spurious 'parking charge' on 22 August 2012.

My daughter has received a set of claim forms today (5 January 2018) from the County Court Business Centre in Northampton, initiated by BW Legal Services on behalf of Excel Parking Services.

She appealed against the PCN promptly in 2012, on the grounds that she had never ever parked her car in The Square, Chorlton, Manchester. On the date concerned she did drive onto the car park with her late grandmother as a passenger, hoping to find a disabled space, as her grandmother was an elderly (88 years) wheelchair user. There were no disabled spaces available, so she left the car park immediately via the other entrance / exit.

this was pre-POFA (not that Excel were compliant even afterwards)

But it looks as if she appealed initially.

Coupon-mad wrote: »

And the time taken was merely to look for a disabled bay, then drive out, and they came back later and went through the same issues (clearly not enough disabled bays if it happened twice).

Not parking at all, not a contravention, and certainly not a single 'period of parking'.

And to charge for the time to drive round/wait for a disabled bay is illegal under the Equality Act 2010 (...obviously the Act doesn't say those words about dusabled bays specifically, it's about the discrimination, disabled provision failures and harassment being illegal!).

It's a failure by a service provider, to make a reasonable adjustment, and discrimination by harassment of that disabled person/their carer. As well as a baseless claim because it was a double dip case!

Mareczek wrote: »

Thank you Coupon-mad, that sounds like a great defence, I have my late Mum's (daughter's Grandma) Disabled Badge somewhere, will hunt it out.

Many thanks

The disabled/Equality Act aspect is only ONE part of the defence, you should put other points and put up the draft for critique

IIRC this location has been known for ANPR errors and double dips - pretty sure I read a blog about this location.

Mareczek

Thanks for that Logician and everyone else! I do understand that the defence needs to be as comprehensive as possible, as I have observed on the superb posts elsewhere on the forum.

Excel were banned from accessing DVLA Keepers records for 3 months within living memory, would that be a helpful line in the defence document, to illustrate Excel's previous bad behaviour?

Many thanks

Coupon-mad

Yes, because it's exactly at the right time:

https://www.whatdotheyknow.com/request/139931/response/342099/attach/html/2/FOIR3196%20Thorn.pdf.html

A complaint was made to DVLA in September 2012

Mareczek

Any views on a counter claim for discrimination by harassment of a Disabled Person's Carer, or am I trying to have my cake and eat it?

This seems to be an option on the AOS.

Thanks