Claim Form received from BW Legal (Britannia)

s7huj

Hi,

I've received a claim form about a parking ticket supposedly received on my vehicle in October 2017, I've no memory of receiving a ticket on my car and certainly have never parked my car in 'Southampton - West Quay Retail Park'. (Looking back in my diary I flew to Peru that day so I'm not even sure it's possible for my car to have been in Southampton)

So far I have done the acknowledgement of service part indicating I'm going to defend the claim.

Before the claim form came there was a letter from BW Legal (Which I now understand to be a letter before claim) unfortunately I dismissed this as a scam, as when I contacted them requesting further information about what the claim was / evidence they insisted on me providing details such as D.O.B. etc

What should I do now? I have read the NEWBIES thread but can't find a situation which matches mine

Could anyone point me / guide me in what I should do next? If I've missed a section somewhere in the NEWBIES thread please point me to it.

Many Thanks,

Umkomaas

Do a forum search on keywords Britannia BWL and you will find dozens of other cases all in very similar positions and timescales that you are currently in. Please follow the advice and guidance given in those. Honestly, there are so many of these swamping the forum that it's impossibly to type out all the fine detail every time a new one pops up!

If you find that your case is following a very different path and the advice given to others does not apply, tell us how it doesn't work for you.

HOW TO USE THE FORUM SEARCH FUNCTION:

Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.

beamerguy

Which airport did you fly to Peru from ?

Who else had the keys to your car that day ?

s7huj

Gatwick and I took the car with me, but flight was in the evening so it can't prove it was somewhere else at the time of the ticketing, I've not been able to establish if anyone else drove the vehicle. (It's possible my Wife did, but I can't think why as she has her own vehicle and doesn't drive mine).

Anyway I'll search the forum as suggested by Umkomaas.

Umkomaas

s7huj wrote: »

Gatwick and I took the car with me, but flight was in the evening so it can't prove it was somewhere else at the time of the ticketing, I've not been able to establish if anyone else drove the vehicle. (It's possible my Wife did, but I can't think why as she has her own vehicle and doesn't drive mine).

Anyway I'll search the forum as suggested by Umkomaas.

But you do also need to get to the bottom of where your vehicle was at the time, as that could really be a showstopper for you in court.

s7huj

But you do also need to get to the bottom of where your vehicle was at the time, as that could really be a showstopper for you in court.

To my knowledge, it'd have been on my driveway - but I can't prove this ...

Umkomaas

s7huj wrote: »

To my knowledge, it'd have been on my driveway - but I can't prove this ...

Get a SAR off to Britannia and ask for all photos they have for your vehicle AB12CDE. You will also want other information about personal data they hold on you. You can check the model/colour/distinguishing marks against your own. This sounds like a misread VRM.

Here's a thread that discusses SAR and GDPR issues, to help with context.

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related

And here is a template to help you frame your enquiry.

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

KeithP

What is the Issue Date on your Claim Form?

s7huj wrote: »

I've not been able to establish if anyone else drove the vehicle. (It's possible my Wife did, but I can't think why as she has her own vehicle and doesn't drive mine).

Would it be unreasonable to suggest that you ask you wife if she drove your car that day?

s7huj

Issue Date on the claim form is the 10th January, it arrived on Saturday.

I've now worked out my Wife drove to the shops in my car, thanks Wife.

I've sent a SAR (by email to Britannia) to try and work out what the contravention was.

KeithP

s7huj wrote: »

Issue Date on the claim form is the 10th January.

With a Claim Issue Date 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.

Coupon-mad

October 2017,

As on all the other 2017 Britannia claims on the forum right now (read them!) it is vital for you to remember that B did not use the POFA in 2017 and can't hold you liable in law.