PCN taken to court (BW Legal) - Advice needed

bartolas

Hi all,

I have been sent a letter by the County Court Business Centre for an unpaid parking charge notice issued on the 16th July. I have sent an Acknowledgement of Service and I am now preparing the defence.

*** Some context

My car was parked in a private car park of a business building during a couple of hours (evening time) and a PCN have been issued. I think I have received 2 letters about this PCN from different companies and a few weeks ago I have received the letter from the court.

++ Claimant

BW Legal on behalf of a local parking company

++ Particulars of Claim (Claim Form)

The Claimants Claim is for the sum of £2XX.XX being monies due from the Defendant to the Claimant in respect of a parking charge notice (PCN) for a parking contravention which occurred on XX/08/2017 in the private car park/land located at XXXX, in relation to a vehicle, registration mark XXXXXXX.
The Defendant was allowed 28 day from the PCN date to pay the PCN, but failed to do so. Despite demand have been made, the Defendant has failed to settle their outstanding liability.
The Claim also includes statutory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8% per annum.
The Claimant's claim includes £60 costs as set out in the T&C.


Can I please have your comments/answer for the following questions\doubts:

- According to the described situation do I have any chance to win this case?

- What is the deadline to submit my defence (acknowledgment of service was received on 02/08/2018)? Is it 28 working days after the acknowledgment of service reception?

- According to the information I have read in the forum, after submit the defence the court will set a date and time for the hearing. So I am assuming there is always a hearing for this situations? Am I right? Or there is situations where the claimant withdraws the claim?

- I am now reading some of the forum posts and try to write my defence and I have found this post: "Claim Form (CEL) | PoC INCLUDED in Claim Form" from denchgang9 (post74031275 - apparently I cannot use links in my posts yet) that seems to be a good starting point for me. According to my case (see description above) which are the essential points to include in my defence?

Many thanks

KeithP

What is the Date of Issue on your Claim Form?
Having done the AoS, you have thirty-three days from that date of Issue in which to file your Defence.

Yes, you do have a good chance of winning this.

The Claimant can withdraw at anytime right up to any hearing date.

No idea whether that CEL Defence is appropriate.
Who is your parking company?

What is the alleged contravention?

Umkomaas

KeithP wrote: »

What is the Date of Issue on your Claim Form?
Having done the AoS, you have thirty-three days from that date of Issue in which to file your Defence.

issued on the 16th July.

Desperately close to the point of no return, and a default CCJ.

KeithP

...an unpaid parking charge notice issued on the 16th July.

Oh, I read that as the PCN was issued on 16th July, but of course, on reflection, that cannot be so.

With a Claim Issue date of 16th July, the AoS should've been done by 4th August - which it apparently was.

Your Defence is due to be filed by 4pm on Monday 20th August 2018.

Still a few days - best get cracking.


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

1) Print the 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, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

Coupon-mad

Edited because the OP doesn't have a CEL case...

bartolas

Hi @Umkomaas and @KeithP,

thanks for your quick replies.

- Do you think in this case they will withdraw the claim, or there is a good chance to go to a court hearing?

@KeithP The parking company is "CountryWide Parking Management Limited" but now is BW Legal that is handling the case.

I have noticed that there is a option at the MCOL website where we can submit the defence (Response Forms > Start Defence). Can I use it to add my defence or should I send a email to CCBCAQ@Justice.gov.uk as suggested?

Thanks

KeithP

But CM, the OP has only said this about the PPC:

++ Claimant

BW Legal on behalf of a local parking company

...and has chosen a CEL Defence to plagiarise.

Coupon-mad

So I now see.

Don't copy a CEL defence if this isn't CEL...

KeithP

bartolas wrote: »

I have noticed that there is a option at the MCOL website where we can submit the defence (Response Forms > Start Defence). Can I use it to add my defence or should I send a email to CCBCAQ@Justice.gov.uk as suggested?

Use the email suggestion.

bartolas

@Coupon-mad I was not thinking to copy the entire defence only use it as my starting point and adapt it to my case... Or this CEL defences are so specific for that company that cannot by generalised to other cases?

Is there any post here in the forum you recommend to be used as "template/draft" for my defence?

Coupon-mad

CEL defences are long, somewhat specific and not to be recommended for another case.

Is there any post here in the forum you recommend to be used as "template/draft" for my defence?

Not that I know from the top of my head, but you simply need to search for decent specific keywords. NOT the name of the PPC.

If you are going to say it was dark and the driver saw no signs, you'd obviously choose unlit signs defence as your keywords.

If you are going to say that the driver had no idea about displaying a permit you could search permit defence business park.

I trust I don't need to list more, it is easy!