Court form received. BW Legal on behalf of NCPe

Lehcar

Hello.
I have received a court form. It was instigated by BW legal on behalf of NCP due to an overstay in St Rumbolds St car park Lincoln. Any support and assistance would be excellent as I am out of my depth and worried sick. Thank you.

beamerguy

Lehcar wrote: »

Hello.
I have received a court form. It was instigated by BW legal on behalf of NCP due to an overstay in St Rumbolds St car park Lincoln. Any support and assistance would be excellent as I am out of my depth and worried sick. Thank you.

Stop worrying, it's only BWLegal.

Please ensure you read the newbies thread located at the top
of the front page. Once understood, tell us all about it and why

Lehcar

You say it's only BW legal. What do you mean by that? They have been very much part of my life since Sept 2017.
I overstayed by 12 minutes. I did not realise I had contravened conditions. I used the car park a second time and did the same. It was only when I received the notification of the first breach that I realised I had breached conditions. I had two letters from NCP both charging me £60 riding to £100 for non payment. I followed on line forums and believe I was correct in writing to NCP contesting not appealing the first penalty letter but it was not accepted, so I did not contest the second. I failed to read that I required a Popla. By the time I realised the date has passed and I could not obtain one for either parking penalty. I was now in a system that I couldn't contend. Lots of bailiff letters and demands followed. I ignored them all. I have now returned from a holiday to letters from BW legal saying that they will be taking this to court and two court claims to which I believe I have a time limit in which to respond.

beamerguy

Lehcar wrote: »

You say it's only BW legal. What do you mean by that? They have been very much part of my life since Sept 2017.
I overstayed by 12 minutes. I did not realise I had contravened conditions. I used the car park a second time and did the same. It was only when I received the notification of the first breach that I realised I had breached conditions. I had two letters from NCP both charging me £60 riding to £100 for non payment. I followed on line forums and believe I was correct in writing to NCP contesting not appealing the first penalty letter but it was not accepted, so I did not contest the second. I failed to read that I required a Popla. By the time I realised the date has passed and I could not obtain one for either parking penalty. I was now in a system that I couldn't contend. Lots of bailiff letters and demands followed. I ignored them all. I have now returned from a holiday to letters from BW legal saying that they will be taking this to court and two court claims to which I believe I have a time limit in which to respond.

BWLegal keep getting whooped in court because their
claims are an utter disgrace.
They are known as low rent legals and certainly not in
the style of Perry Mason

Doubt you have had bailiff letters more so debt collector
letters which you were right to ignore as they come from
low life sewer residents .... IGNORE

So, if BWLegal are going to take you to court they must
comply with the new debt procedure which is the law.

They must send you a Letter before Claim and clearly
set out what they are claiming for and prove it.
Then, you have 30 days to respond.

Is this letter a LBA or just a threat ???

But do read up about this bunch
BWLegal - the list of failures growing
https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing&highlight=bwlegal+the+list

PS: If you just overstayed by 12 mins, NCP must allow you
a grace period ... 10-12 mins.
They must follow their own code of practice

KeithP

Ok Lehcar, you say you have received a court form.

Is it a Claim Form you have received?
If so, what is the Date of Issue on that Form?

Assuming it is a Claim Form you have, the first thing you need to do is the Acknowledgement of Service which will buy you an extra fourteen days to compile your Defence.

Find your way to the second post in the NEWBIES FAQ sticky thread.

In there you will find a link to a dropbox file which shows you exactly how to complete the AoS.

Then read more of that same post in the NEWBIES thread to discover how to progress your issue.


Edit to add: I see your subsequent post tells us you have two court claims for essentially the same thing - although different dates.

You need to do the AoS for both of them for the time being.

Lehcar

Keith. It is a claim form dated 10 th August. I have completed the AOS to buy extra time.

Beamed guy. I was out of the period of grace so it must have been more than 12. Unfortunately I think that is probably immaterial now!

beamerguy

Lehcar wrote: »

Keith. It is a claim form dated 10 th August. I have completed the AOS to buy extra time.

Beamed guy. I was out of the period of grace so it must have been more than 12. Unfortunately I think that is probably immaterial now!

OK, but you said you overstayed 12 mins

As it is a real claim form, did you not receive the LBA from them
which they must do before a claim is issued

KeithP

Grace periods will still be important.

NCP have to abide by The British Parking Association's Code of Practice which defines the length of Grace Periods.

Lehcar

I'm not sure I got a letter before claim though. Certainly not aware of anything with a 30 day notice outlining the claim or any proof. Everything so far has been as you say Beamer, debt collectors, threatening bailiffs. I received a letter from BW legal dated 10 th August titled notice of county court claim issued stating that they have now issued legal proceedings as I gave failed to make repayments on my account.

Lehcar

The outstanding balance is now approx £250 per proceedings. There us a sentence that says we "may" enter a county court judgement against you on it after 30th August if you do not contact us or reply to the county court claim . I have done both. I completed the AOS and phoned BW legal. As you can imagine they weren't particular useful or supportive despite having and again I quote from their letter 'helpful agents' Their only advice if I wished to contest the claim was to do it through the courts.

Lehcar

I have looked through all previous letters They are all demanding payment or it "may" go to court. Nothing until the 10th when suddenly it's saying that it has.