Letter of Claim - BW Legal/NCP

Manc88

Hi all, sorry for the delay in responding on this. I have now drafted my latest response to BW Legal. I've decided to follow your approach for now nosferatu1001, and Umkomaas, I will likely follow your suggested approach when the inevitable half-baked response is received in the next few weeks/months from BW. Please could you just review the below before I send it:

Dear Sirs,

I am in receipt of your response letter dated 22nd January 2019.

Despite waiting over four months for this response, you/your client have only provided a plan of the car park and pictures of the signage.

Despite two requests for information to narrow the issues prior to any possible court action, you have now twice failed to provide the following:

1. What the details of the claim are; where it is claimed the vehicle was parked and for how long.
2. A copy of the contract with the landowner under which they assert authority to bring the claim.

I note that you have stated that you will not provide a copy of the contract proving your client’s authority, so I will presume there is no contract. To later produce this, when it could have narrowed the issues under dispute, will be deemed unreasonable behaviour. There is no reasonable excuse to refuse to provide this, which is why I notice you didn’t provide one.

3. Address to which the original PCN was sent – as previously stated, I have yet to receive a PCN for this alleged incident, and am therefore still unaware of the details of the original claim against me.

Your continued inability/unwillingness to provide this information has been noted, as you are required under the PAP to provide these documents within 30 days or provide a reason why not, you are in breach of the PAP and this will be again raised as unreasonable behaviour should the matter proceed to court.

I therefore request, again, for you to provide me with the information requested above and will now also send a Subject Access Request to your client in an attempt to obtain this information in light of your less-than-helpful responses to date.

Yours Faithfully

XXXX

I will email the SAR over to NCP later this afternoon.

Coupon-mad

Looks very good indeed.

Manc88

Hi all, long time since last update, but I have now received a Claim Form for this issue. Do I keep all info going on this same thread now, or do I need to open up a separate one for the defence?

I'll be spending the evening/tomorrow getting re-acquianted with the defence guidelines on here so I can start drafting my response!

KeithP

Yes, please stick to this one thread.

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

You need to be reading post #2 of the NEWBIES thread to discover how to create a winning Defence.

Manc88

Hi KeithP,

Issue Date is 01 JUL 2019, and yes, from County Court Business Centre in Northampton.

Just been busy reading Post #2 and bookmarking the guidelines etc.

I'm not sure what I'll be putting in my defence as of yet,but will work it out in the coming weeks...

KeithP

Manc88 wrote: »

Issue Date is 01 JUL 2019, and yes, from County Court Business Centre in Northampton.

With a Claim Issue Date of 1st July, you have until Monday 22nd July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 5th August 2019 to file your Defence.

That's over four weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or 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.

Redx

Manc88 wrote: »

I'm not sure what I'll be putting in my defence as of yet, as from the info I received from the SAR request it looks like I've just stayed in the carpark a little too long when waiting to pick somebody up (no recollection of the original incident, but i did used to use the carpark as a pickup/drop-off point for my GF, so can only assume that's what's happened!)

most people can use bargepole's concise template defence from the NEWBIES thread

and add in a point or two about the facts of the case/contravention/why they are not liable.And a point about no landowner authority as seen in other defences and add the ABUSE OF PROCESS paragraphs by coupon-mad, and renumber all paragraphs.

if the claimant has no idea who was driving , then edit your posts accordingly


the DRIVER stopped on this car park to pick up their girlfriend, or that is what we assume, there is no room for the words "MY , ME , MYSELF & I", otherwise its pointless defending when the defendant is hell bent on self incrimination by writing all this on a public forum on the internet

Manc88

Thanks KeithP, I'll get the AoS sent off this week then and start working on my defence.

Noted Redx, post amended above.

Redx

no need to send off the AOS

login to MCOL online and do the AOS online , then you know its done at nil cost (no stamp) , so preferably this evening

please follow the instructions by KeithP and the newbies thread to the letter, no need for any postal mail at this stage whatsoever


read the bottom right of your N1 claim form, where it gives you your online reference password to login to MCOL , the OL in MCOL means On Line , not BP (By Post)

Manc88

AOS submitted. I'll start drafting my defence when I get in from work tonight