BW Legal: correspondence advice

Reggie12345

And this gives away who was driving:

...which I don't think is your intention?

I see what you mean now. Apologies.
How do I word this correclty without giving away who is driving but making the statment that the ANPR was installed the day before and so it was new to the public? Is there an argument for this?

Also your defence says nothing about the allegation in the NTK:
So what happened and is there any scope for a Grace Periods argument?[/QUOTE]
Not sure what you mean regarding NTK?

KeithP

Reggie12345 wrote: »

According to previous responses I have until 4pm Tuesday to file.

But that 'previous response' also said "...but don't leave it to the very last minute".

Good luck.

Reggie12345

Coupon-mad wrote: »

Aha - DEFINITELY - and quote from the BPA CoP about 'new' restrictions...

Apologies I'm not familiar with this. Can you help me write a point for this to include in my defence?

Coupon-mad

You need to Google the BPA CoP first (find the one relating to the right date of parking event, if historical) and read it and find the bit I know is in there about new restrictions.
I don't know which section it is, hence that's got to be your job, not ours, to read it.

Also, it's best that you do it, so you understand where it came from, when having to later show the CoP as evidence to the Judge.

And this gives away who was driving:

...which I don't think is your intention?

I see what you mean now. Apologies.
How do I word this correclty without giving away who is driving but making the statment that the ANPR was installed the day before and so it was new to the public? Is there an argument for this?

If it were me I WOULD actually defend as admitted driver, and say that you are familiar with the car park and that it was a free site/had P&D machines that were removed (or whatever...) and that there was nothing to prominently draw to the attention of local drivers who use the site regularly, to any change of restrictions and onerous penalty terms. Then quote the CoP (briefly, maybe just give the section/paragraph) that you will use in evidence to show there was no agreed contract, as no contract was clear & obvious.

Also your defence says nothing about the allegation in the NTK:
So what happened and is there any scope for a Grace Periods argument?

Not sure what you mean regarding NTK?

You need to read the NEWBIES thread again!

That's why I devote post #5 to forum acronyms, so newbies can keep up.

Reggie12345

KeithP wrote: »

With a Claim Issue Date of 20th December, you have until Tuesday 8th January 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 Tuesday 22nd January 2019 to file your Defence.

That's over three weeks away. 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 suggested 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 [EMAIL="CCBCAQ@Justice.gov.uk"]CCBCAQ@Justice.gov.uk[/EMAIL]
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. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Have just sent email with my defence attached as stated above. Have recieved reciept from County Court Business Centre. Thank you for the clear instructions and feedback everyone has given. Please let me know if there is anything else I need to do to file my defence.

Coupon-mad

There are other jobs to do soon, so please read the 'what happens when' section of the NEWBIES thread to avoid panicking about easy forms like the DQ N180, or about BW Legal's standard letter saying their client wishes to proceed (course they do, for now!).