BW Legal - Claim Form from CCBC

WelshBoy77

Hello


New member to this site and read the post for newbies by Coupon Mad and Crabman, also looked on the various post under "Parking Tickets, Fines & Parking". There is a post by Smaru (11th Dec) that is similar but not the same so some help and advice regarding the following: -

• In October 2016 the driver parked in a car park in the evening, the car parking machine was not working and the car park was poorly lit. As this happened over 2 years ago the driver barely remembers parking my car in the car park.
• The driver received in the post in November 16 a car parking notice from Excel Parking Service Ltd (EPS) saying they owed them £70. The driver decided to ignore the notice.
• Then in 2017 (I think) the driver received two more reminders from EPS, each time the driver owed a little bit more money (the amount the driver does not remember). The driver ignored both letters.
• Then in October 2018, the driver received another letter from EPS saying the drivers need to pay the outstanding amount or them will start legal procedures. The driver think this was a "Letter Before Claim". The driver ignored the paperwork.
• Last week the driver received a "Claim Form" from BW Legal with the section in the top right had corner "In the County Court Business Centre" with a claim number and issue date. The amount owed is £220.44 (£145.44 for amount claimed, Court Fee £25 and Legal Cost £50).

The driver received the paperwork on the weekend and it was dated 7th December 2018.


Grateful for any advice on how the driver should respond.

Redx

edit the last post and remove any hint of who was parking or parked

the DRIVER parked the vehicle (obviously)

anything since that date has been received by the KEEPER, who is now the DEFENDANT

never use the following words "MY , ME , MYSELF & I"

YOU DO NOT RESPOND, ITS TOO LATE FOR THAT

you do the AOS after reading post #2 of the NEWBIES FAQ where there is a walkthrough

you send the DPO at EXCEL an email SAR asap, to get everything they have on you (and to cause them some work)

then you start to draft your defence and post it on here, minus personal info

is the 7th dec 2018 the DATE OF ISSUE ?

what does the POC say ? (no personal details mind)

KeithP

WelshBoy77 wrote: »

I received the paperwork on the weekend and it was dated 7th December 2018.

Hi and welcome to the forums.

Are you saying the Issue Date on your Claim Form is 7th December 2018?

WelshBoy77

Quick update, the driver has …
• registered an account on gateway ready to submit an AoS (Acceptance of Service),
• Drafted up a request for SAR (Subject Access Request) using the template provide by MSE,
• Received a letter from BW Legal saying they have issued legal proceeding on behalf of EPS (Excel Parking Serviced Ltd),
Tomorrow (Sunday 16th) the driver will do the following …
• Respond on gateway with an AoS, full defence,
• Email the data officer at EPS a SAR,
• Email BW Legal of the above actions,
• Start drafting a defence,

Thank you Redx and KeithP

Umkomaas

WelshBoy77 wrote: »

Quick update, the driver has …
• registered an account on gateway ready to submit an AoS (Acceptance of Service),
• Drafted up a request for SAR (Subject Access Request) using the template provide by MSE,
• Received a letter from BW Legal saying they have issued legal proceeding on behalf of EPS (Excel Parking Serviced Ltd),
Tomorrow (Sunday 16th) the driver will do the following …
• Respond on gateway with an AoS, full defence,
• Email the data officer at EPS a SAR,
• Email BW Legal of the above actions,
• Start drafting a defence,

Thank you Redx and KeithP

I hope the driver has done none of the above. The keeper must do all those.

KeithP

WelshBoy, you appear not to have read my post.

WelshBoy77

Apologise Umkomaas. I mean the keeper of the vehicle will do the above.

WelshBoy77

Here are the POC (Particulars of Claim).

The claimant’s claim is for the sum of £70 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 hrs XX mins at place, town.

The PCN relates to car make under the registration AB99CDE (this is a made-up registration). The terms of PCN allowed the Defendant 28 days from the date of Issue Date to pay the PCN, but the defendant failed to do so. Despite demand having been made, the Defendant failed to settle their outstanding liability.

The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from XX/10/16 being the amount of £15.44.

The claimant also claims £60 contractual costs pursuant to PCN terms and conditions.

WelshBoy77

Hello KeithP

I thougth I had replied to you, my bad. Yes, Claim Form was dated 7th December 2018.

KeithP

WelshBoy77 wrote: »

Claim Form was dated 7th December 2018.

With a Claim Issue Date of 7th December, you have until Thursday 27th 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 Wednesday 9th 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:

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.

WelshBoy77

Quick note, on the weekend just gone the following happened: -
• An AoS was submitted via MCOL and the defendant intends to defend all of the claim,
• A SAR was sent to Excel Parking Service, this was done via email as pdf document,
• A letter was sent to BW Legal informing them of the SAR and asked for the case to be put on hold. This was done via PDF letter.

Today I have began to read up about putting together a defence. Found a very good post by Bargepole (on newbie post) and Snellosaurus (from 2016). More threads will be read, with a view to have the draft defence ready before Christmas.

Thank you for your help and time.