Court Claim by BW Legal

inasanalias

Good day, I may have got myself into a bit of a pickle and could do with some advice. I have looked through the "newbie" thread but couldn't find the relevant help so apologies if what I am about to write is something you have come across time and time again but I really need your help.

OK so i will try and keep it short and sweet without giving to much detail.

I parked across from a BnB back it 2016 and was told that it was fine to do so, I stayed parked for 2 nights, returned to my vehicle and went home. A few months later i got "FINAL DEMAND" letters for 2 parking fines from a debt collection company. I told them via Email that this was the first I had heard of said parking fines as there were no PCN's left on my widescreen. They sent picture evidence of this but also told me that they had issued the PCN's by post, but then said that they actually hadn't!! I stupidly said because of the photo evidence that I would pay the fines but not other fees and they declined. Now after 2 years and numerous email off debt collectors and law firms, I have finally received a county court claim form and have no idea how i can defend myself.

One last thing that I have found out, apparently there was not a written or spoken contract between the parking company that issued me with the ticket and the land owner, I requested this when i last spoke to the legal firm dealing with it but they did not provide me with any evidence of a contract. The gentleman that was issuing these tickets told the BnB about this and only this summer have the parking company got a contract with the land owner to give these fines. Would this stand up in court?

Thanks for your time and hopefully I can get a helpful reply soon.

System

What does it say in the "particulars" box in the middle of the left hand side? Take out dates and times.

KeithP

What is the Date of Issue on your Claim Form?

inasanalias

Here it is word for word

The claimant's claim is for the sum of £100 being monies due from the defendant to the claimant in respect of a PCN issued on 00/00/000 at 00:00:00 at ################
The PCN relates to ###### under registration #########.
The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN, but 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 a daily rate of 0.02 from 00/00/000 to 00/00/000 being an amount of £21.79.
The claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions

inasanalias

the issue date of the claim is 27 september 2018

System

The particulars lack any sufficient information for a defendant to construct a defence. So you have a choice here. You can issue a defence to say that the particulars are "embarrassing" and simply ask for the Claimant to provide detailed particulars so you can then submit a defence.

The court should require the claimant to resubmit detailed particles so you can do a better defence but there is a risk that the Allocating judge may just let it slip through. But it is no big deal.

You should add to any defence that the Claimant has failed to file a coherent statement of facts which, if true, disclose a legally recognisable claim in line with the Civil Procedure Rules.You have therefore have to make a request for a coherent statement and the facts so you can defend yourself. Add that a Defendant is entitled to know the case they have to meet.

inasanalias

ok brilliant, thanks for the speedy response and helpful answer. So to sum up, and lets pretend that i am absolutely dumb (which i am by the way) would I be best to put all that in the box where it says "Defence" on the "defence and counterclaim form" and send it back to Nprthampton county court?

I read somewhere that if they don't have a written or verbal contract with the land owner, then they cant issue you with a ticket as this would be deemed as void, is this correct?

Le_Kirk

IamEmanresu wrote: »

Add that a claimant is entitled to know the case they have to meet.

Should that be Defendant is entitled to know..........

System

Should that be Defendant is entitled to know..........

Correct

@inasanalias

Search for defences by that fit your circumstances and show it here before you send it.

apparently there was not a written or spoken contract between the parking company that issued me with the ticket and the land owner

As regards no written contract where did you get that from? Is it written down or something you were told and by which authority?

inasanalias

thanks again for your help, do I search for "defences" in the forum that suit my circumstances?

I read about the contract on a web paged called "appealnow.com" he says it on there. Like I said previously, I asked them for a copy of the contract but they have ignored my request. Is it not worth writing this down in my defence reply?

Thanks

onlyfoolsandparking

All defences are centred around signage (or lack of), Landowner authority, Keeper liability and a multitude of other specific things.


Whilst the questions you are asking are understandable, seriously just start reading defence threads, in fact just pick any thread that starts with 'Received county court claim form' or any thread that has defence in the title.


Doing as much reading as possible will answer a lot of your questions and get you more familiar with the game your now in.