Six year old ticket

pappa_golf

youdontsay wrote: »

I have now succeeded in speaking to the courts and done all the above The person confirmed that a note has been applied to file etc etc

The deadline as confirmed by them is 14th Feb

Many thanks to everyone for your help, I will await further instructions

What a night! Didnt get to bed until 2am trying to sort this out but it looks as if Im in a better position now thanks to the help of people here. I am grateful, still a bit panicked, but grateful.

BW got a personal mention in the parliamentary debate last week . now you see why?

please be carefull , people should not need to contact you by personal message (or the email addy you posted) , if so THINK why?

everything can be done on this thread , beware strange folk in messages , they speak with fork tongues

Coupon-mad

I will await further instructions

Now you have a week to read some BW Legal defences like yours, and copy one & adapt it. You won't receive anything to prompt you to defend.

Easier than you think. Search the forum for 'BW Legal defence' and copy a recent one, after reading a few to get the hang of who it needs to look.

Bargepole explains in his link in the NEWBIES thread post #2, that a defence is a document to set out in Times New Roman 12 font, with 1.5 line spacing (get some help from a techy relative or youngster is need be!). Headings (court, claimant, defendant, claim number) must be as shown in the example defences on here.

youdontsay

This is the first draught of a letter which I consider sending in my defence. Im unsure if all the content applies to my case as, try as I might, I dont understand a lot of what is being said in the sample letters as I am very unfamiliar with legal jargon



'The first correspondence I have received from the client was from the courts as a Claim Form, roughly a week ago. This was the first time I have ever been contacted in regards to this incident. The alleged incident took place almost six years ago and I have no recollection of this. There is an issue with our mail deliveries as there is a residence nearby with practically an identical address as myself. However, upon receiving the Claim form, I have sought advice online and believe that there would normally have been lots of steps prior to the Claim form being sent out. Given that non-delivery of mail, with the purpose of making people aware of the serious implications of non-contact with your client, in my opinion should surely be sent via Signed For delivery.

However the fact remains that until roughly a week ago I had no knowledge of the proceedings being made against me by your client due to no error on my part.

However, your letter contains insufficient detail of the claim and, again, fails to provide the photographic evidence which I would need. It does not even say what the cause of action is. Nor does it contain any mention of what evidence your client intends to rely on, or enclose copies of such evidence.


This action on the part of your client is a clear breach of its pre-action obligations set out in the Practice Direction - Pre-Action Conduct, with which as solicitors you must surely be
familiar (and with which your client, a serial litigator of small claims, must also be familiar). As you (and your client) must know, the Practice Direction binds all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

Nobody, including your client, is immune from the requirements and obligations of the Practice Direction.

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 (how long the car was parked))
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 am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012]
EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16. I will draw to the court the fact that I have expressly requested this information in early 2017, yet your client has yet to provide it.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to
it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.'


Your client must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

Coupon-mad

You are not at the stage of sending anything to BW Legal. So you should not have been reading the example letters, you needed to read further down to the defences in the NEWBIES thread.

As I said, you have a week to adapt a DEFENCE (emailed to the CCBC), not a letter:

Now you have a week to read some BW Legal defences like yours, and copy one & adapt it. You won't receive anything to prompt you to defend.

Easier than you think. Search the forum for 'BW Legal defence' and copy a recent one, after reading a few to get the hang of who it needs to look.

Bargepole explains in his link in the NEWBIES thread post #2, that a defence is a document to set out in Times New Roman 12 font, with 1.5 line spacing (get some help from a techy relative or youngster is need be!). Headings (court, claimant, defendant, claim number) must be as shown in the example defences on here.

youdontsay

I seem to spend endless hours here and possibly reading the wrong posts. Im not going to pretend that I understand it as it all sounds very alien, I feel I havent got a clue what Im doing Most of the defences I read probably dont apply to me as I cant give any details about what happened on the day in question as it was so long ago. Im at the stage of thinking it would be way easier to pay up Im saying this with all due respect to those who give their time and expertise to help people here but it feels like Im looking for a needle in a haystack.

waamo

You have plenty of time yet. Giving up now would be premature to say the least. Not being able to remember the details is a good defence.

They cannot rely on POFA so challenge why they have issued a claim against you. What evidence do they have that you were the person driving? It is not unreasonable that you do not know.

waamo

There is a good one here. Just adapt it a little.

https://forums.moneysavingexpert.com/discussion/5768956

EggBasket

This thread is painful to read. These claims are very easy to defend against; I did it myself with zero legal experience.

Just search for 'Defence' on this board, find one, and change the details to suit your case. It actually requires very little effort.

If you actually decide to pay these scammers, you might as well just flush some cash down the toilet while you're at it.

nosferatu1001

Its completely easy to defend it, as its so long ago none of their arugments work. There is NO chance the keeper is liable, meaning theyre up a creek.

You dont HAVE TO REMEMBER TEH DAY - you just make them *prove their case* and thats what the defences do.

Dont give up. Post 2 of the newbies thread. Read it slowly, in chunks. You cannot do it in one go.

youdontsay

I have tweaked this one from the post Ive been directed to Im unsure whether all this applies to my case, especially points 6, 9 and 10. Thanks to all who take time to help me

Statement of Defence

1. The Particulars of Claim do not disclose any reasonable grounds for bringing the claim and as such, are an abuse of the court’s process or otherwise likely to obstruct the just disposal of the proceedings. The particulars fail to comply with Civil Procedure Rule 16.4 and Practice Direction 16, paragraphs 7.3 – 7.5 by failing to provide a copy of the contract or details of any agreement by conduct. The particulars also fail to describe how the amount claimed has been calculated.

2. The particulars fail to comply with Civil Procedure Rule 16.4 and Practice Direction 16, paragraphs 7.3 – 7.5 by failing to provide a copy of the contract or details of any agreement by conduct

3. Practice direction 22 para 3.1 sets out who may sign a statement of truth. Para 3.10 states that ‘A legal representative who signs a statement of truth must sign in his own name and not that of his firm or employer’.

4. The claim is signed by ‘BW Legal’. This therefore does not comply with the requirements.

5. The claim arises from the Claimant issuing an invoice or ‘Parking Charge Notice’ for £100 to the Defendant’s vehicle xxxxxx on xx/xx/2012. The defendant received no correspondence in respect of the claim and has requested that the Claimant provide evidence of any legal basis to their claim which the Claimant has to date failed to do.

6. The Claimant has failed to provide the evidence necessary to support their claims. The Claimant is a serial litigator and the issuing of this Claim without any legal basis appears to be another attempt to intimidate the Defendant, who does not have the legal expertise of the Claimant, into paying an unsubstantiated charge. This shows a complete lack of respect for the court process and also demonstrates the failure of the Claimant to attempt to mitigate losses, by making a demand for £262.50.

7. The Claimant has further failed to comply with Practice Direction by refusing to respond to the Defendants request to use an independent form of dispute resolution.

8. As a member of the Independent Parking Committee (IPC), Excel Parking are able to access registered keeper details from DVLA. However, IPC membership requires Excel to comply with their Code of Practice which they have failed to do with respect to their signage in this case. Excel have previously been suspended by the DVLA from accessing registered keeper details due to failure to comply with the Code of Practice.

9. It is denied that the Claimant is the landowner of the land in question or that they have any other right or proprietary interest in the land.

10. The Claimant is therefore put to strict proof that they were at the time of the alleged event in possession of sufficient authority to issue parking charges and issue enforcement proceedings in their own name and can demonstrate a clear chain of authority from the landowner.

11. In the absence of strict proof, I submit that the Claimant has no case and invite the court to strike the matter out.

12. If the court is minded to accept that the Claimant has standing, then I submit that the signage at the site of the alleged event was insufficient to reasonably convey a contractual obligation and also did not comply with the requirements of the IPC Code of Practice to which the Claimant was a signatory at the time. The signage was inadequate in terms of the following:
• Lack of illumination of signage (and the car park), poor visibility
• Lack of clarity and prominence of terms and conditions
• Illegible text due to font size, density, colour and complexity
• Large numbers of confusing and conflicting signs, including signs from other parties, such that it was not clear which signs had precedence
• Lack of relevant terms and conditions, such as the fees for parking
• Inadequate positioning of signs, at unsuitable heights

13. As the Claimant failed to make reasonable efforts to make the terms and conditions of the car park clear and prominent, particularly during the hours of darkness, it cannot be assumed that anyone entering the car park was immediately aware of, and agreed, the terms and conditions. The Claimant is put to strict proof that the Defendant saw, read and agreed the terms upon which the claimant is relying on the night in question.

14. In the absence of any signage that contractually bound the Defendant then there can have been no contract, the Claimant has no case, and as such, the court is invited to dismiss the claim.

15. Even had the terms and conditions been sufficiently prominent, terms which are unfair are not legally binding. Terms which are considered unfair include requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation. It is also unfair to impose disproportionate sanctions for breach of contract. A charge of £100.00 for failing to pay a sum of £1.00 which was not prominently displayed in the first place can be considered a disproportionate sum.

16. It is anticipated that the Claimant may seek to rely on the Supreme Court ruling in the case of Parking Eye v Beavis. This case can be easily distinguished from ParkingEye v Beavis as Excel Parking have not demonstrated any commercial justification for the amount being charged and the wording of the notices was not clear, and a comparison should not and can not be made between the supreme and county court.

17. The Claimant is attempting to claim additional charges such as legal costs of £129.00. 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. Furthermore, legal costs cannot be recovered in the Small Claims Court and should be struck out as unrecoverable.

18. The Protection of Freedom Act 2012 Schedule 4 has not been complied with. The keeper can only be held liable if the claimant has fully complied with the strict requirements. The Claimant has not established whether the Defendant was the driver on the day in question and have not clarified whether they are pursuing the Defendant as Keeper or as Driver.

19. The Claimant is put to strict proof of all his assertions

20. Considering all the above circumstances, I respectfully ask that the court dismiss the claim.

I believe the facts stated in this defence are true