2 separate letters from BW Legal - Britannia Parking

The_Deep

Pay peanuts, get monkeys.

Any other contact originating from you will be subject to fee charges as schedule below: Amount payable by you is: £25

Take this ridiculous nonsense out. It would certainly not impress a judge.

mixMZ

The_Deep wrote: »

Pay peanuts, get monkeys.

Any other contact originating from you will be subject to fee charges as schedule below: Amount payable by you is: £25

Take this ridiculous nonsense out. It would certainly not impress a judge.

it looks a bit misleading, but the sentence:

"Any other contact originating from you will be subject to fee charges as schedule below:"

refers to a table below that contains 2 columns:

"All / Any communications: " - empty and 2nd column "Amount payable by you is: £25" - which refers to information "who was the driver at that time" if they want to know it.

mixMZ

So yesterday I received 2 separate claim forms from CCBC.

I responded to both BWL letters before claim individually and sent them a SAR and requested additional info from both Bwl and BP.

BWL responded only to 1 PCN where they stated that their Client is pursuing me as the registered keeper and does intend to rely on Schedule 4 of PoFA2012. (pasted response in previous post)

As both PCNs relate to same car park (one is for 10/2016 and another for 12/2016) I assume the response from BWl should be seen same way on both claims?

Both CCBC claims are worded same way (only difference is amount claimed that differs by aporx £2)

The Claimant`s Claim is for the sum of £70.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on xx/10/2016 (Issue Date) at xx:xx:xx at Southampton - West Quay Retail Park.

The PCN relates to Honda under registration XXXXXXX. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but Defendant failed to do so.
Despite demand having been made, the Defendant has failed to settle their outstanding liability.
The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum a daily rate of 0.02 from xx/10/2016 to 09/01/2019 being an amount of £16.10.
The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

Amount claimed: 146.10
Court fee: 25
Legal representative's costs: 50
total: 221.10

Now, should I do AOS for both claims or should I somehow try to consolidate them?

Also a bit confused regarding my defence. Is the wording on the claim form just a generic one and should include some more info about the claim? or should i start preparing my defence based on the replay i got from BWlegal to my SAR?

Thank you for your help and advice.

KeithP

What are the Issue Dates on each of your Claim Forms?

beamerguy

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

did or can you see £60.00 contractual costs on the signs ?

BECAUSE ....
BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

mixMZ

issue date on both claim: 10 JAN 2019

KeithP

mixMZ wrote: »

issue date on both claim: 10 JAN 2019

With Claim Issue Dates of 10th January, you have until Tuesday 29th 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 have until 4pm on Tuesday 12th February 2019 to file your Defence.

That's over four 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:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. 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.

Le_Kirk

Also a bit confused regarding my defence. Is the wording on the claim form just a generic one and should include some more info about the claim? or should i start preparing my defence based on the replay i got from BWlegal to my SAR?

Do not put anything in the box when doing the AOS, leave it blank. When you have completed your defence and BEFORE you submit it, post it on this thread for critique. Your defence should answer all/any of the points that BW Legal/the PPC showed on the LBC and the POC. If they did not fully disclose upon what premise they are chasing you, this forms part of your defence but the SAR should elicit the info you require. Anyone to whom you submit a SAR has 30 days to respnd so you may/may not receive this in time to help in your defence. Do not miss the deadline. KeithP will or has posted about your deadline and how you submit your defence.

mixMZ

what about my previous question:

Both CCBC claims / PCNs relate to same car park and are worded same way (only difference is amount claimed that differs by aporx £2)
should I do AOS for both claims individually or should I somehow try to consolidate them into 1 claim?

KeithP

Do the AoS for each individually.

Write a Defence for each individually.
Obviously each Defence will be identical in substance, but in each mention the other claim and make the point that the Claimant is abusing the process by issuing two claims.