Court claim for pcn in 2012

Advisemepls

Hi,
As per the title a family member has just received a county court claim form for a pcn received in early 2012 from excel represented by BW legal.

Could any one please clarify for me that if they were to defend this claim they would have to appear in court?

I believe the claim is unfair as the registered keeper was not the driver at the time in question. Also a ticket was
purchased at the time and the fine was for an over stay
of approx 5/10 minutes. As per advice at that time they were told if they ignored the claim it would go away.
(Stupid I know)

The main sticking point here is that the keeper of the vehicle would not want to appear in court. Basically they are just not up to the job. They have severe anxiety around public speaking and struggle to talk even on the phone with people. Also their reading and writing is not the best so to try and offer a defence in court they would really struggle.

The actual driver at that time is prepared to accept responsibility but can not afford the amount they are asking for in full.

Is there any thing we can do? That won’t result in the registered keeper receiving a ccj apart from paying in full. Any help would be gratefully received.

The_Deep

How much are they asking for? How much interest? what was the date of the event?

With this information, with our help you may be able to raise a very strong complaint against the solicitors, who are already in deep dodo with Paliament.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas..,

Half_way

take a look at Grace periods, and who's car park was this in?

Umkomaas

Please provide date of parking event and date of the court claim as shown on the court papers received.

KeithP

Early 2012?

Before PoFA?

Then the keeper is never going to be liable.

If they don't know the driver then keep it that way.

The_Deep

Let us try to give BWL a good kicking here, they appear to have taken their eye off the ball.

System

Was the incident more than 6 years ago?

As you can see from the number of questions about the date, the date might just be relevant.

Advisemepls

Hi, it!!!8217;s just short of six years unfortunately. The car park is an excel.

Date of PCN is 5/5/2012
Claim issue dat 27/3/2018

Charges are as follows £100 pcn
Statutory interest 43.04
Contractual costs 54.00
Court fee 25.00
Legal rep 50.00

Thank you.

Half_way

Excel is the parking company, but who's car park were/are the infesting?

KeithP

The defendant must attend a court hearing - if it gets that far.
But a friend can do all the talking on their behalf if that is what the defendant wants.

Perhaps this youtube video would help:

https://www.youtube.com/watch?v=n93eoaxhzpU

Advisemepls

The car Park in question is the Cavendish Retail Park in Keighley. I think I still have the pay and display ticket would that be any use?

Thank you.