Ignored NCP 'fine'; now have County Court Business Centre letter

chadlebowski

Hi all,

I've been though the FAQs but am a bit overwhelmed; can someone please clarify how I should proceed.

Yesterday I received a letter from the County Court Business Centre, signed by BW Legal.

As I have never responded to any of the correspondence, what should my first action be (assuming continuing to just hope they'll tire themselves out and move on!)

Thanks again - this site is amazing!

beamerguy

chadlebowski wrote: »

Hi all,

I've been though the FAQs but am a bit overwhelmed; can someone please clarify how I should proceed.


Thanks again - this site is amazing!

Did you not receive a LBA from BWLegal proving
their case and giving you 30 days to respond ?

chadlebowski

I honestly don't remember - there may have been; I had the initial notice and then another two or three other letters. On thinking about it, I suspect the previous letter was an LBA. I have not kept it.

Umkomaas

This is now at the business end of 'serious' and burying your head in the sand any further is likely to prove costly.

I've been though the FAQs but am a bit overwhelmed; can someone please clarify how I should proceed.

You need to read very carefully the NEWBIES FAQ sticky, post #2 (the only post that now carries any relevance to you), and follow the guide, which includes lots of pictures. It has been written by people with either legal qualifications and/or small claims court experience. It is a step by step guide to take you from your present position of receiving a claim, right through to any court hearing.

A lot of this stuff now will be down to you doing plenty research so that your knowledge base is increased rapidly. No one can do it for you. No one on the forum will be able to hand-hold you through each stage.

If you still find it to be overwhelming you should consider whether to pay this off. But be aware that the amount they are asking for is inflated and even if you lose to them at court, the Judge could well order a lower amount to be paid by you.

If you're going to go straight down the road of paying this now, you might want to try to negotiate a lower amount to save both parties a trip to court. Do it in writing and mark any document where you are offering any payment 'Without Prejudice - save as to costs', then it can't be held up against you in court as evidence of a tantamount admission that the 'debt' is accepted.

KeithP

What is the Date of Issue on your Claim Form?

chadlebowski

Umkomaas wrote: »

This is now at the business end of 'serious' and burying your head in the sand any further is likely to prove costly.

Thanks - severity duly noted, will acknowledge at moneyclaim.gov.uk and build defence. It was partly burying head in sand but mostly not arguing with fools.

KeithP wrote: »

What is the Date of Issue on your Claim Form?

Issue of claim 16/10/2018

KeithP

chadlebowski wrote: »

Issue of claim 16/10/2018

With a Claim Issue Date of 16th October, you have until Monday 5th November 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 Monday 19th November 2018 to file your Defence.

A whole month. Loads of time to produce a perfect Defence, but don't leave it to the very 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.

chadlebowski

Hi,

I've written the following to BW Legal:

With reference to your letter of claim dated 16/10/2018, this letter contains insufficient detail of the claim. The letter mentions no cause of action is, nor does it contain any mention of the evidence your client intends to rely on, or enclose copies of such evidence.

Your letter clearly breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order your client to comply with its pre-action obligations, and when costs come to be considered.

I kindly request the following information from your client:

1. The basis upon which the money is being claimed
2. Whether I am being pursued as keeper or driver
3. Whether they are relying on the provisions of Schedule 4 of POFA 2012
4. What the details of the claim are – how long was the car parked at the specified location, how long did the car overstay, how the monies being claimed arose and how they were calculated and what, if any contractual breach is being claimed
5. A copy of the contract with the landowner under which they assert authority to bring the claim
6. A copy of any alleged contract with the driver
7. A plan showing the display of signage and relevant lighting, including photographs of the signs, and details to include size of sign, size of text and displayed height of text.

I am entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. Ii is needed in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20); Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings,

The_Deep

As I have never responded to any of the correspondence, what should my first action be (assuming continuing to just hope they'll tire themselves out and move on!)

That is not very likely. 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 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.
each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

KeithP

With reference to your letter of claim dated 16/10/2018...

You did not receive a Letter of Claim dated 16/10/2018.

As you told us earlier, you received a Claim Form from the County Court Business Centre.

You are past the point of replying to a Letter of Claim

You now need to concentrate on compiling a Defence.

Have you done the Acknowledgement of Service?
Post #7 above tells you how to do that.

As Umkomaas said "This is now at the business end of 'serious'...".

chadlebowski

KeithP wrote: »

You did not receive a Letter of Claim dated 16/10/2018.

As you told us earlier, you received a Claim Form from the County Court Business Centre.

Apologies - That is my mistake.

Does the rest of the letter still stand? Am I entitled to request the information, i.e. photographs, specifics of contract, driver/keeper prosecution?

KeithP wrote: »

Have you done the Acknowledgement of Service

Yes