BW Legal Court Claims - Help with defense

KeithP

Do nothing in MCOL - except item 6 from my earlier post:

6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.

System

@BP. 309 words ....A new record.

bargepole

IamEmanresu wrote: »

@BP. 309 words ....A new record.

According to my family, every legal submission that I write, can be boiled down to two words, the second of which is 'off'.

NikiFm_2

Good morning all,

after submitting my defense to the courts I have received a reply from BW Legal and a notice of allocation to the claims track0. Witness statements need to be sent by the 28th of December. Are there any format templates I can use? I am unsure of the layout it should be, tried to find one but I couldn't see anything on the boards. If anyone could link me to a prervious witness statement for an example that would be great.

Also, please see the reply from BW Legal. I wasn't very happy with their replies on section 5/6 on their "reply to my defense" section... (Can someone make the links live please.)

httpx://imgur.com/a/Wt9YTye

nosferatu1001

Post 2 of the newbies thread again!

https://imgur.com/a/Wt9YTye

beamerguy

https://imgur.com/a/Wt9YTye

Interesting letter and BWL are clearly getting annoyed and feeling their way around the £60

Copy and paste is irrelevant given the number of letters we have seen from BWLegal who operate copy and paste themselves.

The IPC CoP does state ...

"Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £60 (inclusive of VAT where applicable) unless Court Proceedings have
been initiated."

The word "MAY" comes into play and is not obligatory

The IPC CoP which operators must apply confirms that the signs are precise and clear so the motorist is fully aware of any or all the charges that may apply. Unless the extra £60 is clearly displayed along side of the £100 (not hidden away in tiny T&C's) the only contract the motorist has entered into is the charge of £100

If the amount is not paid to the operator it is passed to a debt collector who is mainly DRP.. DRP clearly state that they operate a "no win no fee" service which means if they fail to collect monies, THERE IS NO CHARGE TO THE PPC. No charge to the PPC means they cannot claim a charge, if they do it is fake.
When DRP finally gives up as a failure, the matter is passed back to the PPC who can then instruct a legal such as BWLegal.
The charge is £100 not £160 because the operator was not charged by the debt collector.

BWLegal add the £60 regardless and claim it is Admin, contractual, legal fees, contribution costs etc etc.

To claim this £60 fake add-on, BWL must prove that it is part of the contract and can prove that it is a genuine cost to the operator which in turn would expose DRP

To rely on the IPC CoP which quotes "MAY" is futile and just as futile on their reliance of Elliott v Loake and CPS v AJH Films

PROOF OF THE £60 IS REQUIRED

DammitChloe

I'm at the same stage and received a similar letter. Beamer, I think the BPA CoP would apply with this PPC in pre-2016 cases.

Hel3013

I’m currently putting together my defence against HX carpark & Gladestones. I have all paperwork ever received which I’m currently photocopying also the actual ticket I purchased and used with time frames just the machine took my reg plate wrong. I know u will be all sick of ya asking but where is the link to a template for this or should I write letter of defence in my own words. I also have recent newspaper articles where MP has been involved with this car park and that the machine was faulty dating back to the date of My alleged breach of contact. I did reply to by lbc but I didn’t follow the protocol Iv just read on here as my LBC didn’t set out what the basis of claim was etc. Anyway I’m thinking I should put things like waiting until 2 wks b4 Xmas to file this do they have timescales to file cc claim it’s over 8months ago. Also should I print the news article and include it with my defence? Sorry just really want to go to town but I know i could blow the whole thing!! Any advice would be much appreciated

KeithP

Hel3013, after several posts on the threads of others, you did eventually start your own thread,

Why have you now abandoned that thread and reverted to hijacking other threads?

As explained before, it can only lead to confusion trying to deal with two people's issues in one thread.

Please delete your post above and re-post it as a reply on your existing thread.

P.s. you really need to do that as your post above seems to indicate that you are about to do the wrong thing.