CCJ Issued Missing Letters! PAS BW Legal - Blackpool Bond Street Parking Attendant Scam

jdplly

Hello, I am new to this forum and I am looking for some advice regarding a parking fine from Parking Awareness Services which my father received.

A bit of background information first... in 2016 our family went on a day trip to Blackpool. Upon arrival, we went to the Bond Street car park and was greeted by two parking attendants who appeared from a small caravan just inside the gates of the car park. The pay and display machine was not in use and had a yellow cover over (all of this can be seen on Google maps.)

One of the parking attendants chose the space for us and guided us as we reversed into the bay, giving the thumbs up when we were parked. He then wrote out our ticket which we displayed and gave him the money.

We arrived back to the car that evening with no issues and thought nothing more of it... until 2 years later when he received a claim from BW Legal on behalf of PAS!

The Claim Form is for the sum of just over £250, for a PCN issued in 2016. No where does the form state what the charge is actually for and there is no photographic evidence that we have seen. It simply states: "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 failed to do so."

Bottom line is we don't believe we have done anything wrong and there seems to be others who have had the exact same situation: hxxps://forums.moneysavingexpert.com/showthread.php?t=5525834

We followed the guide on the sticky thread, and my father sent off a defence to the County Court Business Centre. The Court sent a letter to acknowledge the receipt of his defence.

Today he has received a letter from BW Legal saying: "Our client intends to continue with the claim, we confirm that we have notified the Court of the same. We enclose by way of service upon you a copy of the Directions Questionnaire. A copy has been filed at court."

Can anyone please advise what this letter means? Do we need to form a reply, ignore the letter or fill the questionnaire in? We haven't heard anything else from the court confirming anything.

Any help would be greatly appreciated, we are really stuck with what we are to do next!

Thank you!

Quentin

No need to reply to bw

Await your own dq from the court and respond to that

Court process is covered in #2 in the newbies FAQ thread near the top of the forum

jdplly

Hi, hope someone can give some more advice. Following my original post we didn't reply to BW as advised. 
In the letter received from the Court acknowledging the receipt of defence in September 2018, it states the claimant must contact the court within 28 days or the claim will be stayed. It also says the only action the claimant can take will be to apply to a judge for an order lifting the stay. This passed and we heard nothing from the Court, just a letter in October 2018 from BW saying they intend to continue and enclose a copy for the Directions Questionnaire. Does this mean the claim wasn't stayed?

We never received a DQ from the Court.

2 years later we have just received ANOTHER letter from BW saying they enclose a copy of their client's completed Directions Questionnaire. A copy has been filed at court. This is all followed by a offer of Small Claims Mediation Service (which we will be avoiding following advice on the forums.)

Where do we go from here? A little confused as not had any correspondence from the Court... we have looked at the sticky newbies thread but a bit lost at where we are at with the repeating letters!? 

Many thanks in advance! 

Coupon-mad

This is the same as all the other 2018 cases BW Legal have just unstayed.  Please read other 2018 threads from last week!

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

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

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

KeithP

To help you @jdplly , have a look at this post:
forums.moneysavingexpert.com/discussion/comment/77599762/#Comment_77599762

BrownTrout

BW LEGAL Are obviously doing some house keeping 

jdplly

Thanks to everyone for their help so far. Some more advice please? We have now received another letter from BW Legal saying: We write with reference to the County Court Judgement (CCJ) which was entered against you in January 2021. 

We've had no letters in January from the Court or BW Legal? The last we received was September 2020 which was a repeated Directions Questionnaire which we didn't respond to as it wasn't from the court.

Is this CCJ more scaremongering or legit? Thank you in advance!

KeithP

jdplly said:

Is this CCJ more scaremongering or legit? Thank you in advance!

Your Claim History on the MCOL website will answer that question. 

jdplly

KeithP said:

jdplly said:

Is this CCJ more scaremongering or legit? Thank you in advance!

Your Claim History on the MCOL website will answer that question. 

Thank you, logged onto MCOL and there's a space to respond to a claim made against you but it's asking for a Claim Number and Defence Pack Password?

I'm assuming because we don't have these the CCJ is not real?

Castle

It's the same claim number and password which "you" had in September 2018.

jdplly

Sorry! Managed to find the password from 2018 and this is what is says:

Claim was issued against you on 27/09/2018

Your defence was received on 08/10/2018

DQ sent to you on 08/09/2020

DQ filed by claimant on 22/09/2020

General sanctions order was made on 07/10/2020

Your defence was rejected on 30/10/2020

Defence was struck out on 30/10/2020

A judgment was issued against you on 18/01/2021

We didn't respond to the repeated DQ in September as we never had anything from the Court!? And our only defence was submitted back in 2018 when we had the Claim Form from the Court?

Can anyone help please?