Help please Premier Parking Solutions - BW legal

diamondgirl50

Good morning help needed please
In 2013 a ticket was issued to my husband for parking over a white line by 3 inches in a private car park . The parking fine was issued by Premier Parking Solutions ltd. My husband took a photograph to show that although he was slightly over the line it was not obstructing other drivers from parking either side. He responded to the parking ticket with a letter to Parking Company. We have now received numerous threatening letters from BW legal and also phoning me on my mobile which is a contravention of GDPR regulations.
We have now received a claim form from County Court Northampton. My husband really doesn’t want a CCJ and although it pains us to pay the fine and costs is it worth fighting.

Many thanks

Quentin

No-one here will advise paying this

Read up on this in the newbies FAQ thread near the top of the forum

#2 there covers Court claims and how to defend them

Even if he were to lose in court there's no stigma or affect on his record as long as the judgement amount is paid off in full within a month of the hearing

KeithP

What is the Date of Issue on the Claim Form?

diamondgirl50

Date of issue on the claim form is 23 Oct 2018. ��

KeithP

diamondgirl50 wrote: »

Date of issue on the claim form is 23 Oct 2018.

With a Claim Issue Date of 23rd October, you have until Monday 12th 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 26th November 2018 to file your Defence.

Nearly four weeks. 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.

Coupon-mad

Same as all the other PPS cases on here right now, we have about 15 and many of them with defences already submitted.

So settle down and read the other PPS threads by searching this forum for PPS claim BW legal as keywords.

diamondgirl50

Many thanks for your responses. I have just completed my claims form to return to the county court as advised. I have read all of the PPS threads that you kindly referred me to but cannot find anything about parking over the white lines. Should I also mention in my defence about GDPR breach? They have been contacting me and I am nothing to do with this PCN fine. (Husband is a GDPR expert)

Many thanks in advance

The_Deep

Parking slightly over a line is unlikely to convince a judge that you have committed a heinous breach of contract. This is a trifling matter, and the law does not concern itself with trifles. Also, why have they left it so long before making a claim?

https://en.wikipedia.org/wiki/De_minimis

In my opinion they may get a wigging if they take this all the way to court, especially given your husband's line of work.

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

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread 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

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

beamerguy

diamondgirl50 wrote: »

Many thanks for your responses. I have just completed my claims form to return to the county court as advised. I have read all of the PPS threads that you kindly referred me to but cannot find anything about parking over the white lines. Should I also mention in my defence about GDPR breach? They have been contacting me and I am nothing to do with this PCN fine. (Husband is a GDPR expert)

Many thanks in advance

BWLegal are currently doing a lot of phone harassing

There are pages and pages on the net about debt collection methods and how to stop them.

The problem BWLegal has is that they are chasing a non proven debt and only a county court can decide if the amount is actually owed. With BWLegal, more often than not the courts dismiss their fake claims

Importantly: if they are actually going to do anything, like court action, you will be told formally by a letter, not over the phone.

Write to them requesting they cease immediately and to put everything in writing. And as BWLegal loves ignoring people, block them on your phone.

As The Deep, says ... over a white line is so trivial that a judge would probably see this as wasting the courts time.
So, whilst you hubby might be a expert with GDPR, let him turn his hand into preparing costs for BWLegal / PPS to pay when the judge dismisses the claim.

Have you read this about how BWLegal fail in court

https://forums.moneysavingexpert.com/discussion/5672664/bwlegal-the-list-of-failures-growing

Quentin

The_Deep wrote: »

…... With a fair wind they will be out of business by Christmas.

Somewhat optimistic!!


OP - keep following the advice on defending this you have been given!


This won't be ended by the Govt in time for Christmas!!

The_Deep

BWLegal are currently doing a lot of phone harassing

The remedy surely is that each and every letter and phone call is subject to a formal complaint to the SRA.