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HELP! BW Legal / Parking Awareness Court Claim

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Comments

  • Thank you everyone - The Defence has all now been sent off as guided. Cannot thank you all enough for your help and feedback when writing it. I will keep you all posted on what happens and happy to help anyone else out where possible.

    Thank you Coupon-Mad for your detailed advice really appreciate it.
  • Hi All,
    I hope everyone is coping well with everything that is going on?
    Just and update and quick bit of help required if possible on this one.
    • So this case as you will be aware of from the posts got as far as the defence. I wrote it and sent it in as directed and waited. I didn't hear anything so I chased the court only to be told that the claimant hadn't done something that was required their end therefore the case was "Stayed" and they would need to pay to re-activate it.
    • I didn't hear anything then from the courts - I did hear from BW Legal who started hassling my parents address/telephone number again so I phoned them told them if they wanted to discuss the matter then it would need to go to court and that they need to stop harassing my  parents address/telephone under GDPR regulations they have no rights to do this as I no longer live their and I do not give consent for them to do so. This seemed to work for the most part and I didn't hear anything at all until very recently when they sent out a letter to my parents address with the Directions Questionnaire on. However I hadn't received anything my end. So I phoned the courts and was told they had a completely different address for me - Weirdly it was an address I hadn't lived in for over 2 years and I never gave the address out apart from it being on my car insurance so I have no idea how that address was changed and neither do the courts. Nevertheless I have told the courts my new address and all correspondence should go to that address.
    • I have completed the DQ now as per the Newbie post #2 and will be sending it today - However what I have noticed is that the courts are sending correspondence to the address I have given them but BW continue to send their correspondence to my parents address despite my telling them numerous times I do not live their and they need to refrain from sending anything there.
    So my questions are:
    1. Does the fact they failed to do their part and the case got "Stayed" 2 years go change anything? Why would they wait 2 years to bring it back to court? The original alleged offence was 2016 - Does that change anything?
    2. Is there anything in it that they aren't  listening when I have told them not to contact my parents address?

    Thanks in advance,

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) ask the ccbc if the claimant paid for the application
    otherwise no. Being stayed doesn't mean struck out. It means stayed. Literally nothing matters about dates. 

    2) not hugely. That's a DPA claim. 
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 10 October 2020 at 1:25PM
    This is happening quite a lot and this has been the response from one of our long-serving, well respected contributors @Coupon-mad: -
    Write a complaint to the CCBC about this ancient case being resurrected and that you believe the Claimant has not paid to lift the stay, and that your research has found out this has been happening in the past two weeks, en masse, so what is going on and why has the CCBC allowed dormant cases to be restarted without a court fee, yet expects consumers to pay to object to this injustice?
    State that this is a formal complaint and you wish for your letter/email to be put before a Judge because this is not justice and no application should be needed, if the Claimant parking firms have somehow been allowed to get away without one.
    Say that you assume this is a procedural error affecting lots of parking cases and no stays should be lifted after all these years, and certainly not without the Claimants paying £100 a time, or preferably £255 for a hearing.   Clearly this has been done by stealth in the hope consumers have moved house or are badly affected by the lockdown and will get a default CCJ now.
    .......... and read about it here: -

  • @Le_Kirk and @Coupon-mad thank you both so much for this - I have written my complaint email and copied in my MP and send it off to ccbcaq@ email address - I have also completed the directions questionnaire and will be sending that now on email.

    I suppose my only other question now is - The DQ is urgent for me - Because it went to my old address, I picked up on it and phoned the courts and they sent it me on email but didn't give me a deadline they just said to get it done ASAP - This has then slipped my mind (very stupid I know) as I have a lot going on including death in the family so I didn't get round to doing it but the courts have now sent me a letter saying I have 7 days to do it which takes me to the 14th - SO...With that in mind if I send off the DQ and complaint what if I get a date for court before I hear back about the complaint?
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you get a date for court, you will need to prepare a witness statement and evidence (did you do all this before the case was stayed)?  Follow the instructions on the notice of allocation and do not miss deadlines.
  • No it never got that far - I submitted my defence and never heard anymore - I believe BW didn't submit their DQ and therefore it was stayed but I could be wrong - I know it definitely got stayed though as I contacted the courts and the courts told me I didn't need to do anything as the claimant hasn't completed their part and would need to pay to continue the case.
    I am aware of the witness statement and evidence - but I just wasn't sure how proceeding with the court case would affect the complaint? Do I just leave them as two separate things now or do I need to somewhere tell the courts there is an open complaint?
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    At the moment just go ahead as if there had been no complaint.  If you don't and the case is heard without your WS, you will lose by default!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 October 2020 at 1:31PM
    Just file your DQ by the deadline you have. 
    Only about ten minutes work. Get on with it. Do not miss your deadline.

    Guidance on how to answer every question on your Directions Questionnaire can be found in Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread.

    When complete, file your DQ in the same way and to the same address that you filed your Defence.
    Refresh your memory on that by re-reading my post of 15 October 2018 at 11:14PM on your thread.

    Remember to send a copy of your completed DQ to the Claimant - address on your Claim Form.
  • Coupon-mad
    Coupon-mad Posts: 153,120 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The DQ is something and nothing, get it done and if you need to tell the court and Claimant's solicitor about a change of address for service (I am not sure if that's what you mean?) then say that in the covering email and ON THE DQ ITSELF AS WELL.

    And TONIGHT: An urgent task – deadline is MONDAY!  24 hours

    Please now make a real difference because not enough people have yet, and time is running out. 

    The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

    Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

    HOW TO DO THE SUBMISSIONS:

    BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

    1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

     

    2.    Register, log into the BSI page, and download & read the cover letter here:

    https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

     

    3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

     

    4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

     

    You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

     

    5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

     

    THAT IS HALF THE JOB DONE!

    THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

     

    6.    You can do it first if preferred or pushed for time:

    https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

    If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

     

     

    THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

    Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

    Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

     

    Q1.1 Please explain your answer

    (free text)

     

     

    Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

    (free text)

     

    Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

    (free text)

     

    Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

    (free text)

     

    Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

    (free text)

     

    Q6 Which parking charge system is most appropriate for private parking?

     a) the Three-tiered system

     b) Mirroring the Local Authority system

    (free text)

     

     Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

    (free text)

     

     

    Q7 What level of discount is appropriate:

    40% as is currently offered in private parking and suggested in the three-tiered system, or

    50% as is offered in Local Authority parking?

    a) 40%

    b) 50%

     

    Q7.1 Please explain your answer, including whether the discount should be set at a different level

    (free text)

     

     

     Q8 How should the level of parking charges be set and how should the levels be revised in future?

    (free text)

     

     

    Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

    Agree/Disagree

     

    Q9.1 Please explain your answer

    (free text)

     

     

    Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

     

    Q10.1 Please explain your answer.

    You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

    (free text)

     

    Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

    Agree/Disagree

     

    Q11.1 Please explain your answer.

    (free text)

     

    YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

    Don’t forget that answering these questions is the easier bit…

    Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

    There is a discussion about PAS submissions and what the pages look like, here:

    https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

     

     


     


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