We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

BW Legal - HELP!

1356789

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 May 2021 at 5:57PM
    Issue date is 12th May 2021 (yesterday)

    With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. Do not file an AoS before 15th May, but otherwise there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
  • Le_Kirk
    Le_Kirk Posts: 25,138 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have now had yet another letter but this time it is a Claim form asking for £257 (25 court fee + 50 legal representatives costs plus the fine 180)
    What do I do? It says it is from the County Court Business Centre and has a stamp type of thing that says 'The County Court'.
    What does the NEBWIE sticky tell you to do?  Read the second post of that thread.
  • Groutledge90
    Groutledge90 Posts: 30 Forumite
    Third Anniversary 10 Posts
    Le_Kirk said:
    I have now had yet another letter but this time it is a Claim form asking for £257 (25 court fee + 50 legal representatives costs plus the fine 180)
    What do I do? It says it is from the County Court Business Centre and has a stamp type of thing that says 'The County Court'.
    What does the NEBWIE sticky tell you to do?  Read the second post of that thread.
    I read all the threads I could find on this however my situation was very different (if you read the beginning of my thread) I was outside the UK and requested they delete my address and details. Even though I sent this request they have still continued to send letters and harass! 
  • Groutledge90
    Groutledge90 Posts: 30 Forumite
    Third Anniversary 10 Posts
    KeithP said:
    Issue date is 12th May 2021 (yesterday)

    With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. Do not file an AoS before 17th May, but otherwise there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    Thank you for this! Is there honestly any use me doing this though? I don't have any legit reason not to pay the fine I have just refused to waste my money on something like this! Won't they just keep coming back and the fine getting bigger?

    Does this letter also mean court is getting involved so I can't ignore?
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have now had yet another letter but this time it is a Claim form asking for £257 (25 court fee + 50 legal representatives costs plus the fine 180)+

    It is not a fine and undoubtedly contains  unlawful amoun

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    ts,  Read this and complain to your MP.


    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 May 2021 at 2:42PM
    KeithP said:
    Issue date is 12th May 2021 (yesterday)

    With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. Do not file an AoS before 17th May, but otherwise there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    Does this letter also mean court is getting involved so I can't ignore?

    That's exactly what it means. Court is already involved.

    Ignore it and you will have a Default County Court Judgment against you within three weeks.

    At least file an Acknowledgment of Service - but not yet.
    Takes about ten minutes - no thinking required - and defers that Default Judgment by two weeks.    :)

  • Groutledge90
    Groutledge90 Posts: 30 Forumite
    Third Anniversary 10 Posts
    KeithP said:
    KeithP said:
    Issue date is 12th May 2021 (yesterday)

    With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. Do not file an AoS before 17th May, but otherwise there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    Does this letter also mean court is getting involved so I can't ignore?

    That's exactly what it means. Court is already involved.

    Ignore it and you will have a Default County Court Judgment against you within three weeks.

    At least file an Acknowledgment of Service - but not yet.
    Takes about ten minutes - no thinking required - and defers that Default Judgment by two weeks.    :)

    Ok thank you for the info, but I will most likely have to pay eventually? Just so I know what to expect.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you follow our advice, the likihood is that you will not have to pay.  They are much more likely to be paying you.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,805 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Groutledge90 said:
    KeithP said:
    KeithP said:
    Issue date is 12th May 2021 (yesterday)

    With a Claim Issue Date of 12th May, you have until Tuesday 1st June to file an Acknowledgment of Service. Do not file an AoS before 17th May, but otherwise there is nothing to be gained by delaying it. 
    To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an AoS, you have until 4pm on Monday 14th June 2021 to file your Defence.
    That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
    To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.
    Does this letter also mean court is getting involved so I can't ignore?

    That's exactly what it means. Court is already involved.

    Ignore it and you will have a Default County Court Judgment against you within three weeks.

    At least file an Acknowledgment of Service - but not yet.
    Takes about ten minutes - no thinking required - and defers that Default Judgment by two weeks.    :)

    Ok thank you for the info, but I will most likely have to pay eventually? Just so I know what to expect.
    Even if you lost at court, you wouldn't be paying as much as £257. Can't you see they're using the opportunity to frighten you into paying even more than they could ever be entitled to. Read @D_P_Dance post above!  £200 tops.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Groutledge90
    Groutledge90 Posts: 30 Forumite
    Third Anniversary 10 Posts
    Thank you very much for this info. As I said I don't have a legit reason I just forgot to pay the meter when I parked. As I said I am pregnant and this is stressing me out, I would rather not have to physically attend court!
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.8K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.