Bw Legal Letter of Claim

Quentin

There's no downside to giving your correct address

Should you be sent a court claim you have limited time to respond and if it coincides with the householders bring away on holiday you could get a ccj on your record without knowing about it

Add your correct address to that letter and ask them to use it for any future correspondence

Also notify ncp

The_Deep

Do you have a sample letter which you would like to share which we can send to our MPs? Many Thanks

Sorry, there isn't one. Just tell it as it is, he/she probably gets lots of such letters. as these scammer issue thousands of these fake charges each day.i

RazBurley

Hi All, Sorry due to some problems could not send reply to BW Legal. Now we have revived a claim letter form County court which was issued last week. can somebody please post a defence here which I can send to court? the total amount for the claim is £242.24 Many Thanks

KeithP

You don't seem to have taken notice of advice given earlier - your username remains unchanged.

Have you notified the PPC of your current address?

What response did you get to your complaint to your MP?

What is the Date of Issue on your Claim Form?

You will not get anyone posting a Defence here for you.
This is a self help forum.
You do the research using guidance offered here.
There is plenty of guidance on how to create a Defence in post #2 of the NEWBIES FAQ sticky thread. You have already been given a link to that thread.

Post your draft Defence here for comment when you are ready to do so.

RazBurley

Hi Keith, i am sorry I had a very bad last month, lost my job and some other family problems so could not do any of these things. I will definitely write to my MP once i have sorted my things. Claim was issued on 05/09, I have done AOS on MCOL website. Can i submit my defence online as it has an option to start defence online and it allows 121 lines of defence? Also shall i mention that we did not receive any letters? I have used my new address on MCOL website. Following is particulars of claim on claim form.

‘’The claimant’s claim is for the sum of £242.24 being monies due from the defendant to the claimant in respect of parking charge notice for a parking contravention which occurred on (date) in the private car park/land at (address of car park) in relation to (car details). The defendant was allowed 28 days from PCN date to pay but failed to do so. Despite demand having been made, the defendant has failed to settle their outstanding liability. The claim also includes statuary interest pursuant to section 69 of CC act 1984 at a rate of (%) from the date (date of issue of NTK). The claimant claim includes £60 costs as set out in terms and conditions’’

Is following defence is enough?

1. It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incident.

2. The identity of the driver of the vehicle on the date in question has not been ascertained.

a. The Claimant did not identify the driver
b. The Defendant has no liability, as they are the Keeper of the vehicle and the Claimant must rely upon the strict provisions of the Protection of Freedoms Act 2012 in order to hold the defendant responsible for the driver’s alleged breach.
c. The Claimant's demanding letter failed to evidence any contravention or clear/prominent signage

3. The Claimant has at no time provided an explanation how the sum has been calculated, the conduct that gave rise to it or how the amount has climbed from £100 to £160. This appears to be an added cost with no reason and an attempt at double recovery, which the POFA Schedule 4 specifically disallows.

a. The Protection of Freedom Act Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper.

4. The signage was inadequate to form a contract with the motorist

a. The signage on this site is inadequate to form a contract. It is barely legible, making it difficult to read, it is only visible on foot and not in direct line of site meaning you have to go out of your way to look for the sign

5. The driver did not enter into any 'agreement on the charge', no consideration flowed between the parties and no contract was established.

a. In Jolley v Carmel Ltd [2000] 2 EGLR 154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach when unable to fully comply with the terms

6. The claimant has not provided enough details in the particulars of claim to file a full
defence. In particular, the full details of the contract which it is alleged was broken
have not been provided.

a. The Claimant has disclosed no cause of action to give rise to any debt.
b. The Claimant has stated that a parking charge was incurred.

7 The Claimant has given no indication of the nature of the alleged charge in the
Particulars of Claim.
a. The Claimant has therefore disclosed no cause of action.
b. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought.
c. There is no information regarding why the charge arose, what the original charge
was, what the alleged contract was nor anything which could be considered a fair
exchange of information.
d. The Particulars of Claim are incompetent in disclosing no cause of action.
e. On the 20th September 2016 another relevant poorly pleaded private parking
charge claim by Gladstones was struck out by District Judge Cross of St
Albans County Court without a hearing due to their ‘roboclaim’ particulars being incoherent, failing to comply with CPR. 16.4 and ‘providing no facts that could give rise to any apparent claim in law.’
f. On the 27th July 2016 DJ Anson sitting at Preston County Court ruled that the very similar parking charge particulars of claim were efficient and failing to meet CPR 16.4 and PD 16 paragraphs 7.3 – 7.6. He ordered the Claimant in that case to file new particulars which they failed to do and so the court confirmed that the claim be struck out.


Many Thanks

KeithP

Claim was issued on 05/09, I have done AOS on MCOL website.

With a Claim Issue Date of 5th September, and having done the AoS in a timely manner, you have until 4pm on Monday 8th October 2018 to file your Defence.

That's three weeks away. Plenty of time to hone the Defence to perfection.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

Can i submit my defence online as it has an option to start defence online and it allows 121 lines of defence?

You can, but there are a number of very good reasons why you should not do that.

As those reasons are fully explained in post #2 of the NEWBIES FAQ sticky thread, it is a little disappointing to see that question.

RazBurley

Hi,
I need further advice now please.
I submitted defence through email in time which was acknowledged as well. I was waiting for the Directions Questionnaire which i did not receive so far from court. BWLegal sent me a copy of their Questionnaire as information and told that same has been sent to court. I kept checking online on MCOL and my case was marked as defended. Today I have received a pack from BWLegal that their client is willing to settle the matter without any further involvement from court and offered me to pay 165 within 14 days otherwise their client will continue to pursue the claim through court.

They have written down loads of reason on which basis the claim can be persuaded through court.
This includes
That client claim is for the damages as a direct result of our breach of client’s terms and condition.
Client is engaged by the landowner of the car park to manage and enforce the parking.
Signage is situated across the car park form unilateral offer to anyone wishing to park and loads of other points.

They have also sent me copies of original NTK and reminders which was sent to us also photos of car park signs including sign at entrance and other signs in the car park.

Can you please advice what to do next?

Many Thanks

Umkomaas

Standard BWL template and practice.

The bargepole input to the NEWBIES FAQ sticky, post #2 tells you about the (premature) DQ from the Claimant's solicitors, and what your next actions are.

This part of the sticky is written by a legally qualified expert in fighting private parking tickets, please use that as your first port of call. There are very few regulars here who are as qualified as bargepole, so you risk getting and taking advice from random other posters, not so qualified.

RazBurley

Hi Umkomass.

Thank you very much for your reply. I have read the post from bargepole but I can not understand what to do next as I never received any DQ from court and now shall I just ignore this offer from BWLegal and wait for the court instuctions?

many thanks

KeithP

You have two choices:

1. Wait for your DQ from the CCBC - chasing them if necessary, or
2. download one from the internet,

and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.