NCP Fine - BW Legal Letter of Claim

Le_Kirk

Yes it is true, leaving them 3 more days.

KeithP

RINCO wrote: »

Its been 25 days since I submitted my defence and it is registered on MCOL. I have not had any further communications I seem to remember reading somewhere that the claimant has 28 days to respond after the defence is submitted or is this not true?

How about checking what you 'seem to remember'?
The facts are in a letter you received from the CCBC.

The Claimant has 28 days after receiving your Defence from the CCBC to consider their options and respond to the CCBC.


A few questions...

1) do you know when the CCBC sent a copy of your Defence to the Claimant?

2) do you know when the Claimant received a copy of your Defence?

3) do you know when the Claimant responded to the CCBC - if indeed they have responded yet?

4) do you know whether there is any backlog in processing these things in the CCBC?

5) have you seen anything that informs you when you might hear again from the CCBC?


To summarize... be patient.

RINCO

I have received no communication from the CCBC which is why I was a bit confused as to what was going on. I've just received a letter from BW dated 2nd May saying they have told the court to continue. So will now wait for further correspondence with CCBC

BooBoo123

I am going through the exact same situation. I am terrified. my anxiety is going crazy because of the letters. I struggle to type well and have copied your email to use for myself wanting to send it. but part of me thinks I should just try to ignore the harassment ...

KeithP

BooBoo123, if you want help with your issue then you need to start a new thread.

It will only become confusing trying to address two people's issues in the same thread.

Meanwhile have a read of the NEWBIES FAQ sticky thread.

RINCO

Quick update; Directions questionnaire has arrived this morning. I am going to fill in with the guidance from this thread:

xhttps://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

I live away during the week for work is it acceptable to put the closest court to my work address in the week on the form?

KeithP

RINCO wrote: »

I live away during the week for work is it acceptable to put the closest court to my work address in the week on the form?

That's fine. Include a very brief reason why.


P.s. you have been here long enough and have enough posts under your belt to be able to post live links.
No longer any need to post dead links.

RINCO

Hi

An update,

I now have a court date however it is not at the courthouse that I asked for near my work address. They chose the court nearest my home address but it is no issue.

I now have to prepare witness statements and send to the court. I assume this includes all evidence also? I am going to include in this:

- My photos of the terms and condition signs at the car park showing the location of them and that it is not possible to read the signs from the entrance at all.
- photos of additional signs near the pay and display machines
- copy of this statement from the BPA
https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods
- Statement from my grandfather who was present on the events that occurred on the day.
- Costs schedule of reclaimed costs Split into 2 sections one for admin the other for travel.
- extract from the BPA code of practice I was going to include point. 13.1 & 18.3
I was thinking of maybe including part 16.2 it mentions that some people could take a long time to reach the payment machines, I would argue this could also include signs as it is not possible to read them from vehicle. ( My grandfather is a disabled badge holder) but not sure if this is relevant I don't want to dilute things too mcuh.

13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.

18.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.

would it also be worth including a statement from my father who submitted the initial appeal without my knowledge?
Do witness statements have to be hand signed and dated by the witness?

I have had a response from BW legal with counter arguments to my claims some of which don't really make any sense. and a 'goodwill' reduction if i pay now which is the standard. They have sent all evidence they have which is the 2 anpr shots and photos of the signs but no photos included of terms and condition signage

I have included the extracts below:
https://pasteboard.co/IoIbVFW.jpg
https://pasteboard.co/IoIb9KB.jpg
https://pasteboard.co/IoIbENf.jpg


I find it interesting their response to the 1st point which says that if I 'park and vacate' the vehicle then I have agreed to the terms and conditions however you 'have to park and vacate the vehicle' to understand the terms and conditions you are agreeing to!

Coupon-mad

I was thinking of maybe including part 16.2 it mentions that some people could take a long time to reach the payment machines, I would argue this could also include signs as it is not possible to read them from vehicle. ( My grandfather is a disabled badge holder) but not sure if this is relevant I don't want to dilute things too mcuh.

I think it is relevant, and I would.

would it also be worth including a statement from my father who submitted the initial appeal without my knowledge?

Yes to explain that what was said in appeal was by him, not by you.

Do witness statements have to be hand signed and dated by the witness

Yes.

RINCO

Thanks CM.

Currently preparing everything now as I leave for holiday next week and arrive back a couple of weeks before the hearing in early September.

I've also glossed over Skeleton arguments so I'll do one of these and include also.

I am going to make 3 copies of evidence and statements; One for myself, one to be hand delivered to the court, and the last to be posted to BW Legal. Is there anything else I'm missing?

For the witness statements I am using the example from bargepole here and referring to the evidence I have collected.:
https://forums.moneysavingexpert.com/discussion/comment/74584727#Comment_74584727