HELP! BW Legal / Parking Awareness Court Claim

robertow88

Hi All - In a bit of a panic because I am on a tight deadline to respond!

History:

1. Parking ticket from Parking Awareness outside private property in Blackpool on Oct 2016
2. Ignored every single letter and phone call from Vanquish and then BW Legal
3. Ignored the letter before claim / letter before court
4. Received the Northampton court claim Sep 2018 - Straight away done my Acknowledgment of Service AOS
5. Logged into view the evidence on Parking awareness and noticed there is no photograph showing the 10min grace period.

Few pointers to note - The letters and phone calls where all going to my parents address - I don't own the car anymore.

SO....That is where i am at - I have to write my defence and carry on with the process but I am a bit lost - I have wrote this thread because the newbies post says to do this IF you have ignored letter before claim and after you have done AOS

Please can someone help what I do next?

KeithP

What is the Date of Issue of your Claim Form?

Please can you post the exact contents of the Particulars of Claim box on your Claim Form.

robertow88

Thank you for the prompt response that is amazing.

OK So the date of issue is 27th September 2018 so I have worked out with my AOS i have until the 30th October to submit my defence??

The particulars are quite long but here goes:

The claimant's claim is for the sum of £100 being monies due from the defendant to the claimant in respect of a Parking Charge Notice (PCN) issued on October 2016 at <TIME> at <location> the PCN relates to a <vehicle> under registration <Reg> 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 october 2016 to september 2018 being an amount of £21.13. The claimant also claims £60 contractual costs pursuant to PCN terms and conditions

Total amount is 256.13

I have left some bits blank in case of prying eyes

robertow88

They have been hounding my parents address with letters and phone calls - they have said I don't live their anymore but they have carried on - Not sure if that helps with anything?

I have everything in front of me right now and I will be up working late so anything that anyone can do to advise on how to write the defence would be great as I dont have a clue where to go from here

Happy to send anyone a nice drink who helps me win the case as well :-)

KeithP

robertow88 wrote: »

So the date of issue is 27th September 2018 so I have worked out with my AOS i have until the 30th October to submit my defence??

You're right.

With a Claim Issue Date of 27th September, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 30th October 2018 to file your Defence.

That's still two weeks away. Plenty of time to produce a top class Defence, but don't leave it to the last minute.


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.


Post #2 of the NEWBIES FAQ sticky thread contains comprehensive guidance from now right through to any court hearing.
There a examples of Defences linked from that post which may give you an idea of what's required.

There are also many Defences posted on here every single day - some good, some not so good. Have a look at other threads besides this one to see how others are doing it.

robertow88

OK great that is reassuring - but is there anyone that can help me write a defence? I don't have a clue where to start - Don't mind paying someone to help out.

I have the pictures of evidence that they have submitted which shows my car without a ticket on the window and them one seconds later with it on - It shows all angles of the car and it shows one of the signage but the signage photo is a bit blurry.

KeithP

Please the edit to my earlier post.

Now that you have mentioned paying someone, please take care about any Private Messages you may receive.

Keep in mind that the private parking companies and other people with a mischievous intent read this forum and may not have your best interests at heart.

Be careful.

robertow88

Thank you KeithP and sorry for being a nightmare already but I am totally out my depth on this one - I don't know what I am actually arguing because I don't know what my rights actually are?

Am I right in thinking I should have been given 10min grace so they need to provide that?

I cannot read the picture of the parking terms so I cannot see if there is anything else I can argue so I am totally lost with it all

Any help or advise would really be appreciated - I have looked through #2 I am doing it again now and I can see all the defences and successful cases but I just don;t know which ones are similar to my case.

Thanks

robertow88

OK So I have just noticed on one of my original letters it says Contravention is "Not a pre-authourised vehicle" could someone please point me in the direction of a similar case/defence? I have looked and cannot see anything on the newbies post.

robertow88

Sorry me again I have done A LOT of reading my eyes are burning but I feel like I am making some headway into creating a defence. Am I right in thinking that I should direct my defence around the following:

1) I am the registered Keeper but wasn't the driver? - What do I need to check for this to work? I ignored all the correspondence and binned most of it from Vanquish and Debt Logic but I am pretty sure they didn't start hounding me until well after 28 days.

2) The signage is inadequate - Even on the photographs taken by the devil (parking attendant) you cannot read the text - The images on Google maps and of my vehicle show a small white sign on a white wall where the text is by far too small.

3) There is no grace period given? - I don't know how this will stick but the images they have uploaded to PAS does not show any grace period - It shows the car without a PCN then seconds later a pic with the PCN

4) BWL are claiming £60 which they can't claim for - Artificial inflation?

5) They are claiming 8% daily debt which they can't claim for and why have they waited 2 years?

6) PAS are not the landowner and dont have the rights to charge

7) There is legal representative costs added to the court claim which is artificially hiking the cost

8) Particulars don't give details as to what the breach was and there is details of the PCN terms and conditions?

Any help and direction would be greatly appreciated

System

Three things

1. What was the actual problem? Not paying in a Pay & Display. Overstaying a limit by more than 10 mins. Parking in a permit bay without a permit etc

2. Are you the Defendant or are you defending on behalf of someone else?

3. Is the driver known and different from the defendant?