County court claim form - defence help needed

km11acf

Hey guys,

Absolute rookie here but I have read thoroughly through the Newbie thread. Whilst reading through the thread I got to the point regarding claims forms which said urgently start your own thread with a tailored defence.

I have gone on MCOL and acknowledged service. However, I have no clue what I am doing in terms of writing a defence so really need some help.

Key info:
- Claim date: 17th July
- I have done the AoS online on MCOL to give an extended time to form defence.
- Parking Charge Limited and BW Legal are on the claim form
- I have no previous letters (prior to claim form stage) as I threw them in the bin.

I am willing to invest time into this to beat it but have never done anything like this and am also wary that due to not having the previous letters - it may be difficult for me to form a defence.

Any help and/or advice is much appreciated.

Redx

read post #2 of that NEWBIES FAQ sticky thread, read up to a dozen recent defences linked in that thread and over the first 6 pages of this forum

then draft your proposed defence and post it on here for critique

nobody is expecting you to write one from scratch, not when there are dozens if not hundreds of defences already posted on this forum over the last couple of years

however, nobody is going to write it for you , so start researching other similar court cases by using the forum drop down search box as well as that NEWBIES faq sticky thread post #2

anytime you ask a question, you will , repeat WILL , be referred back to that thread, plus the search function, as its all been rehashed hundreds of times already

as for those missing letters etc , drop a free SAR bomb on B W LEGAL (and maybe on the claimant too) under the new GDPR and get all the info you need before the actual court stage itself


ps:- you say this is Parking Charge Ltd ?


are you sure ? seems more likely to be VCS or EXCEL if you ask me, not My Parking Charge Ltd


if it is PCL then they are a BPA member based in Derby and not seen much from them as B W LEGAL tend to be VCS and EXCEL

km11acf

Thanks for the quick response. I will refer back to the thread and try to dig out some relevant cases.

Also on your point regarding PCL - it does indeed have a Derby address so I am assuming this is correct.

Redx

as there is another similar thread on the forum then YES I would assume it is correct, just that we rarely if ever hear about them at all, so I am surprised there are 2 court claim threads on the same day YET we dont see much about them for pcn,s or POPLA

I ASSUME YOU HAVE IGNORED THEIR PCN and this means no POPLA appeal was done meaning you have a greater struggle with it going to court ?

it seems that B W LEGAL have taken on another PPC despite all their stupid claims for VCS and EXCEL over the last few years and being named and shamed by MP,s in parliament too

I would suggest that you collude with that other new member and any other similar threads that pop up for PCL because there may be more


https://forums.moneysavingexpert.com/discussion/5871397/parking-charge-at-county-court-defence-stage


post your proposed draft below for critique , once you have something to work with (at the moment we know nothing about the location, the pcn , the alleged infringment , the signage , nothing at all, so drop an SAR bomb on them using GDPR in order to get all they hold on you (as well as drafting your defence)

Coupon-mad

Even though you binned the letters you must know what the PCN was about:

- overstay in a free car park?

- expired PDT

- no PDT purchased at any machine

- PDT slipped off the dashboard

- no permit in a permit area

- short stop within a reasonable grace period to drop off or pick someone up, maybe?

Also, you probably have the POFA and 'no keeper liability' to use as well.

So search the forum for the word 'defence' with 2 or 3 other relevant words, e.g.:

defence free overstay

or

defence grace period

or

defence fluttering ticket dashboard

or

defence BW Legal permit

or

defence PDT machine

and

defence BW Legal POFA no keeper liability

Should give you food for thought and words to crib from, to create a similar defence.