Parking awareness PCN issued BW legal claim form HELP!

Dwilkes2

Firstly I am new to this site & I have read the newbies sticky thread but still feel I need a lot of help in regards to a county court claim form my mother has received on the 01/10/2018.
I believe my first step is to acknowledge the claim as I want to defend the claim fully.
Here is the background information of the claim against my mother.
PCN issued on the 13/03/16 by parking awareness 15 Caunce street Blackpool. Parking awareness state it was not a pre authorised vehicle. My mother was the registered keeper at the time but was not the driver (named driver on insurance). The driver was visiting a business premises on this street and presumed they were able to park on the small tarmacced area at the side of the building they were visiting. I have no legal expertise what so ever & I would just like to really help my mother out with this matter as the fees added by BW legal are ridiculous. So basically I want to know can I defend this for her? Or should she just pay?
Amount claimed: £187.82
Court fee: £25
Legal rep costs: £50.00
Total amount : £262.82

If I have been vague with my post please ask for more information & I will reply as I really do need help with a defence.

Thanks in advance.

beamerguy

Dwilkes2 wrote: »

Firstly I am new to this site & I have read the newbies sticky thread but still feel I need a lot of help in regards to a county court claim form my mother has received on the 01/10/2018.
I believe my first step is to acknowledge the claim as I want to defend the claim fully.
Here is the background information of the claim against my mother.
PCN issued on the 13/03/16 by parking awareness 15 Caunce street Blackpool. Parking awareness state it was not a pre authorised vehicle. My mother was the registered keeper at the time but was not the driver (named driver on insurance). The driver was visiting a business premises on this street and presumed they were able to park on the small tarmacced area at the side of the building they were visiting. I have no legal expertise what so ever & I would just like to really help my mother out with this matter as the fees added by BW legal are ridiculous. So basically I want to know can I defend this for her? Or should she just pay?
Amount claimed: £187.82
Court fee: £25
Legal rep costs: £50.00
Total amount : £262.82

If I have been vague with my post please ask for more information & I will reply as I really do need help with a defence.

Thanks in advance.

BWLegal trying to extort money again ???

Base ticket = £100

They need to explain to you the extra £87.82

£60 of that will be a fake add-on which will be from a
debt collector and not allowed.
But what is the other £27.82 ??? Sounds like interest charged
on fake money

Did you prior get debt collectors chasing you and were
they FROM DRP ??

bargepole

Dwilkes2 wrote: »

So basically I want to know can I defend this for her?

You can't.

She is the named Defendant, and the Defence and any subsequent submissions to the court must be in her name.

As you claim to have read the NEWBIES thread, you will have seen the step-by-step guide to the court process, and the first step is to Acknowledge Service of the claim.

KeithP

What is the Date of Issue printed on the Claim Form?

Coupon-mad

I have no legal expertise what so ever

Nor do all the newbies here who all read the NEWBIES thread post #2, follow the advice, and win their defended case. Some 99% win rate since 2017 on this forum; you cannot get better.



As it's your Mum's case, the Acknowledgement of Service must be done in her name (not yours) on MCOL as per the easy to follow pictorial link in the NEWBIES thread post #2.

Then you read some similar defences (stop spinning round and just click on the example defences, they ARE like this case). There are short defences by bargepole and longer ones by me, and one by Johnersh which show you the style of writing and headings, and ending, for her defence.

Easier than you might think once you read the NEWBIES thread post #2.

You can go with her to court when it's 'hearing time', and can be her lay representative to speak instead of her, if that's better? But she must attend with you.

As well as telling us the date on the claim (top right) please also type out here, IN FULL (all words exactly, except for the VRN) the section on the left called 'PARTICULARS OF CLAIM'.

Janeyf_2

Hi there
I am in the same situation and I know I am being thick but I cannot find how to get to the newbies section
Can you help please???

Dwilkes2

Thank you everyone for your replies.

When I say can I defend it I mean my mother but I’ll be writing up the defence. Sorry I should of been clearer.

The debt was handed to debt logic originally then on to BW LEGAL.

The issue date on the claim form is the 27th September 2018.

The particulars of claim states the following:

The claimants claim is for the sum of £100.00 being monies due from the defendant to the claimant in respect of a parking charge charge notice (PCN) issued on 13/03/2016 (issue date) at 10:54:49 at 15 Caunce Street, Blackpool FY13DT Blackpool.

The PCN relates to Peugeot under registration ******.

The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN, But the defendant failed to do so.

Despite demand having 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 a daily rate of 0.02 from the 13/03/2016 to 26/09/2018 being an amount of £27.82.

The claimant also claims £60 contractual costs pursuant to PCN terms and conditions.

To add the claim form is signed bw legal services. No actual signature, I’m not sure if this is relevant.

I have read numerous cases on here but I can’t seem to find the ones you refer to that are the same as this or similar. Like I said I’m new to this site & probably searching & reading all the wrong cases.

What can I actually use as my mother’s defence?
I’m sorry if I sound totally clueless, but I really am with this! :doh:

I would appreciate any help, ideally with writing a defence?

Thank you again.

KeithP

Dwilkes2 wrote: »

The issue date on the claim form is the 27th September 2018.

With a Claim Issue Date of 27th September, you have until Tuesday 16th October 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 link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Tuesday 30th October 2018 to file your Defence.

That's nearly four weeks away. Plenty of time to compile a top class Defence.


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

1) Print your 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 chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Coupon-mad

Hi there
I am in the same situation and I know I am being thick but I cannot find how to get to the newbies section
Can you help please?

Another PAS BW Legal one, why not simply search the forum and send a pm to the others, and bookmark their threads? Not just this one...

No links provided, search BW Legal PAS as your keywords, they've obviously sent out a batch and we cannot keep replying if posters can't just read what's already here and also search out and read similar threads.

Please save our typing fingers.

You DO know how to find the NEWBIES thread. My signature below tells you! Don't reply that you can't find it, please just READ MY SIGNATURE AND LOOK UP - AND CLICK...

System

So Keeper not the driver. Can the Keeper show they were elsewhere?

Also the key bit of paper will be the Notice to Keeper. If she doesn't have it, then she sends a Subject Access Request to PAS for that detail and get proof of posting. They have 30 days. Be aware though that PAS are difficult to contact so use the address they have given the ICO here

https://ico.org.uk/ESDWebPages/Entry/Z2829467

If no reply after 30 days, then another letter giving 7 days then a complaint to the ICO

At the same time you have to keep to the court timescale.

The specific defence you are looking for on here is one where

1. The Keeper was not the driver
2. The signs were unclear or to a driver
3. The Claimant's paperwork failed to meet the requirements of the Protection of Freedoms Act 2012.

There are a lot of "defences" thrown around on here but the defendant has to be specific and answer the issue of it was not a pre authorised vehicle. And why the driver missed the signs.

The_Deep

Amount claimed: £187.82
Court fee: £25
Legal rep costs: £50.00
Total amount : £262.82

They may well be knowingly claiming for monies for which there is no entitlement in Law, (double claiming). If this went to court and the PPC won, the most a Judge is likely to award is £200 (including all court fees).

IMO this is both unprofessional and likely to bring the profession into disrepute. Ask their regulatory body if they condone such behaviour.

http://www.sra.org.uk/home/home.page

Also, why not complain to your MP.


This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

m

s d 2