County Court Claim Form - Parking Fine with BW Legal

cigney

Hi

I've read through the newbies thread and some others but wanted to get some advice. This is on behalf of my wife who is 38 weeks pregnant and definitely doesn't want to be dealing with this.

So she parked at her hospital, in the staff car park which is swipe access only for those paying parking fees. She came back after work and had a ticket on her car for "vehicle incorrectly positioned to the inconvenience to other users". Admittedly she was parked outside of a bay. She received a letter from Total Parking Solutions and ignored it on advice (rightly or wrongly) and ignored subsequent letters from BW Legal. She received a letter of claim last month (ignored again) and last week had a Claim Form from the County Court Business Centre claiming £191.06.

To rid the issue she wants to just pay it but I have been reading and said she may want to contest it. However, I'm not sure how much of a leg she has to stand on hence I'm asking you all.

1) Firstly, they have put the wrong hospital BW forms and subsequently the court claims form. She doesn't work at the hospital they have put down.
2) I have seen some cases rejected on the fact that they cannot determine who was the driver. I guess this is true here but its her car in a car park that she pays for so not sure that will stand up?
3) The costs they have suggested don't seem to add up. Firstly the fine was "£80 including £20 debt recovery cost". Then the BW legal letter says £60. The sign in the car park says £60, £30 if paid within 14 days.
4) The car park is terrible (based in the basement of the hospital). I would guess 30% of the cars aren't parked in bays. Mainly because there aren't enough spaces, but also some of the spaces are so small you won't get cars in them. People there are obviously in time critical jobs so going to find somewhere else to park isn't an option. There are also so many lines on the floor from previous parking lay outs you can't actually see where some spaces are (I can upload pics if it helps). There are 2 parking signs.

Is there enough to appeal this do you think and on what grounds?

Happy to provide as much info as possible.

Thanks
CB

KeithP

What is the Issue Date on the Claim Form?

cigney

Hi Keith,

3rd Dec. I've tried signing up online to acknowledge receipt but the system is down until the 10th so will do that tomorrow.

KeithP

cigney wrote: »

3rd Dec. I've tried signing up online to acknowledge receipt but the system is down until the 10th so will do that tomorrow.

When you sign up and do the AoS make sure it is done in your wife's name.

With a Claim Issue Date of 3rd December, you have until 22nd December 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL].

Having done the AoS, you then have until 4pm on Monday 7th January 2019 to file your Defence.

That's 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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Everywhere I say 'you' or 'your' I am of course referring to the Defendant.

cigney

Perfect, thanks for your help. Do you think there is enough to get this thrown out?

Redx

cigney wrote: »

She received a letter of claim last month (ignored again) and last week had a Claim Form from the County Court Business Centre claiming £191.06.

Is there enough to appeal this do you think and on what grounds?

SHE cannot appeal it, much too late for that

SHE (not you) can defend it as detailed above

SHE can do the AOS online, in her name, or you help HER do it in HER name

YOU can help prepare the DEFENCE but SHE must email it to the court using HER mcol reference

YOU can help HER, but you cannot just deal with it as it is NOT in YOUR name !!

capiche ?

cigney

Understood, thanks.

What I'm trying to ascertain is whether she just pays it and gets it done, or whether there is a realistic chance that she can win and thus go to court to contest it? If it wasn't £191 she would definitely pay it given we are expecting a baby within the next 2 weeks.

KeithP

There is a realistic chance of winning any court case* - should it get that far.

You now need to be preparing that Defence - I imagine you will be quite busy with other stuff soon.

Let post #2 of the NEWBIES thread be your guide - I linked to that thread earlier.



*that's just an opinion. Other opinions are available.

Redx

even if SHE loses in court it may well be that the judgment is less

they may not pay the court fee after the defence has been submitted

they may duck out at any time up until the hearing

nothing to lose really and any court date is up to 6 months away