Claim form from Bw legal defence advise needed

Harry77

Hi,

Help needed please regarding a claim form from BW Legal relating to a PCN from a paid car park, sent to myself as the registered keeper. All previous correspondence have been ignored. Case detail are. Car was parked and a ticket obtained for a 2 hour period. A few weeks later a PCN notice came stating over stay by 13 minutes. I know what steps to take regarding AOS etc, but would like to defend the claim as I feel £100 for 13 minutes overtime is just plain extreme. Could anyone point me in the right direction to file points of law for my defence please. Thanks in advance.

KeithP

You say you are confident with the process, so feel free to ignore my post if you wish.

What is the Issue Date on your Claim Form?

Did the Claim Form come from the County Court Business Centre in Northampton, or from somewhere else?

Harry77

Date of issue is 25th Jan from Northampton CC. ��

KeithP

Harry77 wrote: »

Date of issue is 25th Jan from Northampton CC. ��

I'll assume you mean from the County Court Business Centre in Northampton.
Please say if that's not right - the Northampton County Court is different.


With a Claim Issue Date of 25th January, you have until Wednesday 13th Febuary 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 Wednesday 27th February 2019 to file your Defence.

That's a month 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.

Harry77

Thanks Kieth. It’s from the business centre so would be one of hundreds sent out that day no doubt. Understand all what you’ve said so thanks for that. It’s just the content of my defence I need help with and the legal points I make? As not really sure where to start.

The_Deep

as I feel £100 for 13 minutes overtime is just plain extreme. Could anyone point me in the right direction to file points

Are you familiar with grace periods?

https://www.bing.com/search?q=grace+periods+parking&form=EDNTHT&mkt=en-gb&httpsmsn=1&refig=ad5610b19b504bd6be1a94bafc2444ec&PC=ACTS&sp=1&ghc=1&qs=AS&pq=grace+periods+parking&sc=8-21&cvid=ad5610b19b504bd6be1a94bafc2444ec&cc=GB&setlang=en-GB

Were the signs tickety boo? Was the paperwork on time, contract ok, planning and advertising consents in place, etc., etc., etc., and lots more, read some long defences on here.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

martmonk

https://forums.moneysavingexpert.com/discussion/comment/74860972#Comment_74860972

Has an example defence written by couponmad with specific grace period wording which may help you.

Umkomaas

martmonk wrote: »

https://forums.moneysavingexpert.com/discussion/comment/74860972#Comment_74860972

Has an example defence written by couponmad with specific grace period wording which may help you.

That defence is now probably viewed as a bit too wordy.

Legal expert and forum regular bargepole has provided a template to use in the NEWBIES FAQ sticky, post #2 (you obviously fill in the detail as per your case). You can use the Coupon-mad example to pick out some excellent key phrases (you won't find a better wordsmith than CM) and do a meld of the two examples.

Harry77

Thanks All for help so far. The wording in the particulars of claim is very vague. It reads “for a parking contravention” In the private car park/land. So is not specific enough in my opinion to offer a specific defence. Any thoughts ideas would be great thanks.

Umkomaas

Harry77 wrote: »

Thanks All for help so far. The wording in the particulars of claim is very vague. It reads “for a parking contravention” In the private car park/land. So is not specific enough in my opinion to offer a specific defence. Any thoughts ideas would be great thanks.

Almost every POC has the same vagueness. You need to challenge that in your opening shots of your defence and request, in the need for greater clarity, you have the option to add to/amend your defence in due course. Whether a Judge will ultimately grant that cannot be guaranteed - but you've raised it.

You will need to draft the defence on the likely reasons they are pursuing you. There are many examples where posters have done this.