BW Legal County Court Claim for ignoring PCN

edited 21 October 2018 at 7:18PM in Parking Tickets, Fines & Parking
65 replies 9K views
Anastasiya27Anastasiya27 Forumite
35 Posts
Hi, I’m looking for advice please.
Allegedly a registered keeper has overstayed a free 3 hours at the car park back in 2016. The person can’t remember exact details including who was driving. It was a Restaurant/ hotel car park, a group went for a quick meeting and quick snack, but don’t remeber how long they’ve stayed or whether there were a sign, they don’t remeber. Ignorance is not an excuse, but as they went to cafe, they assumed car park was free.
Anyway, everyone told them to ignore the letters as Parking awareness services is a private company and their ignore appeals.
Now there is a Claim Form from Northampton County Court business centre. The claim recipient wants to defend themselves but genuinely does not remeber what have happened over 2 years ago.
Even if the registered keeper was possibly present on that day at the named car park, they don’t think they’ve overstayed, they were paying customers who possibly were not aware of a parking notice and possibly didn’t report to the barmen incase they are staying longer, it was too long ago, they can’t recal. The AOS has been filed online 3 days after receiving a Claim letter.

***PARTICULARS OF CLAIM***
The Claimant’s Claim is for the sum of £... being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 00/00/0000 (Issue Date) at 00:00 at .....
That’s all there is, next paragraph is that I have failed to respond and additional charges and interest.

SAR sent 8/10/18, Data Officer said all data has been sent to me on 10/10/18. Nothing has been received yet.
Please help, stressing out...
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Replies

  • onlyfoolsandparkingonlyfoolsandparking Forumite
    1.8K Posts
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    Don't stress, no need to!


    You are in the right place, I hope you have found the NEWBIES section and your reading it NOW!


    In there is all the information/help and guidance in how to properly defend a claim and with you actually having a claim your most certainly in the game now.


    Read as much as you can, hopefully learning as you go that a lot of the things you are stating in your opening post are not correct.


    The regular more experienced posters here will help you with everything BUT you need to help yourself too, the onus is ALWAYS on you but that's nothing to get stressed about, you can beat this parking scammer LEGALLY.


    As my last point, even if you lose in court you will most certainly pay less than what the scammer is demanding, pay it in the usual court ordered 30 days, NO CCJ, NOTHING FURTHER, FINISHED!!!!
  • Thank you there is a lot to read :) what should I do reg using my name and posting details in here?
    Thanks.
  • QuentinQuentin Forumite
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    Throughout here you are advised never to reveal who was driving

    You need to edit your op to remove details of who was driving

    Don't post your name here at all

    You can post details of your incident but nothing unique which would allow the PPC to identify you or the actual claim

    Read up in the newbies FAQ thread near the top of the forum for advice on how to deal with this

    #2 there covers Court claims right through from the claim form to the hearing

    In particular now see the walkthrough in that post on submitting your AOS
  • onlyfoolsandparkingonlyfoolsandparking Forumite
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    Perfect, just follow what Quentin has advised oh and STICK to posting here on your own thread, that will help the experienced regulars follow, help and critique your defence, witness statement etc (when of course you get to that stage)


    Make sure you read other threads on defences so you familiarise yourself with what you have to do, its quite a bit of time and effort BUT its not brain surgery!
  • I see, thank you. I guess every case is unique but unfortunately I don’t remember many details regarding my claim and will struggle to write a decent defence, by the sound of it, defence is a lengthy and stressful process where my chances of winning are low since I don’t remember the details and don’t have the time to read, defend and then possibly go to court. I think I’m just gonna pay to avoid stress and time loss. It was too long ago, I assume I’ve messed up...
  • Le_KirkLe_Kirk Forumite
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    Should I send Acknowledgment of Service form back or do it online?
    If you still have time before the deadline, do it on-line as it gives you extra time to prepare your defence.
  • Thank you, but I can’t think of a good defence, too many uncertainties and ‘don’t remembers’.
  • Le_KirkLe_Kirk Forumite
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    When did you receive the court papers? What date have they stated by which you must do Acknowledgement of Service (AOS)? If you do the AOS, you will have a later deadline for submitting your defence, which gives you extra time to research the forum for suitable defences by using the search facility to find similar cases or to read the Newbies sticky where you will find linked defences in post #2.

    Here is a guide to MCOL & how to acknowledge service (the first step), put together by a genuine PPC fighter:

    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
  • onlyfoolsandparkingonlyfoolsandparking Forumite
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    1,000 Posts Third Anniversary Name Dropper
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    I see, thank you. I guess every case is unique but unfortunately I don’t remember many details regarding my claim and will struggle to write a decent defence, by the sound of it, defence is a lengthy and stressful process where my chances of winning are low since I don’t remember the details and don’t have the time to read, defend and then possibly go to court. I think I’m just gonna pay to avoid stress and time loss. It was too long ago, I assume I’ve messed up...


    Every case is unique BUT only from the point of view of its unique ONLY to you and this case is only in your name.


    However most cases fall into the same set of circumstances that experienced posters have seen maybe a 1000 times, they can be defended regardless of what you can or cant remember, yes it can be a little stressful, certainly time consuming but the alternative of paying a parking SCAMMER goes against most peoples principle on here. You have the same chance in court as anyone else, you could win and feel proud you retaliated against being scammed OR you could lose feel a little deflated BUT you gave it a go and ULTIMATELY you would pay less than the scammers have demanded.


    OR you can pay (to avoid the stress??) and be thought of by the scammers as just another sucker, your choice?
  • Tg1Tg1 Forumite
    27 Posts
    Evening

    My wife has also received a ‘notice of county court claim issued’ from BW Legal. The letter doesn’t state the location or any evidence to back it up or that the was actually the driver. This was also in a previous vehicle and since then we have moved house twice so they are doing well to cling on.
    Where do I find the newbies section?
    This situation and legal wording/reading is something iv never had to deal with so please bare with me ☺️
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