Britannia Parking / BW Legal Claim Form

michelle95

Hi all,
I have read the NEWBIES Thread, however I am still left unsure a few things and would like to clarify on the next steps. Thank you

Bit of background.
I received a PCN from Britannia parking back in June 2016 when on holiday! I did have a ticket on my car, however I was a little over on my time. I arrived back at my car, maybe 5 minutes over (no longer!), and then I was sorting the 2 young children out ready for our 4 hour journey back home, preparing the sat nav etc and waiting for the rest of the party to get ready to depart at the same time. There was 3 cars parked at the same carpark (none of those received a ticket!)

Anyway, I ignored all the letters and final reminders from Britannia and BW Legal, and to be honest I thought it had gone away. I hadn't heard anything for over a year, I then received a Claim Form from County Court Business Centre, Northampton and a letter from BW Legal on the 28th January 2019. The amount is £247!!

So I need to respond ASAP. I have read to choose the "I intend to defend all of this claim" and then write a defence letter? Do I respond online or fill in the form and print and attach the letter and send it by post 1st class?

I have tried looking for a template defence letter for a case which is similar to mine, however I was unsuccessful with this. I'm quite young and I am finding all this process rather overwhelming and sometimes think I should just pay and be done with it all. However, I have got this far and don't want to let them win.
What do you think my chances are with this case?

Please ask for any more details.
Would appreciate any help, thank you,
Michelle

Coupon-mad

Welcome!

I just said this to another poster, please search the forum as I explained here:

https://forums.moneysavingexpert.com/discussion/comment/75417004#Comment_75417004

We will help more, when we see your draft defence like all the hundreds of others.

Tell us your claim issued date, and then (no need for more advice) show us your defence.

We have 99% success rate so that's your chance. All will be revealed when you search.

Le_Kirk

When you read the NEWBIE thread, did you come across post # 2, which explains the small claims court process in good detail? If you have received proper court papers, your next step is to file an (AOS) acceptance of service. This will give you more time to read, research and write your defence. There is also a walkthrough and a timeline of the process. What is the date of issue of your court papers. If you show that, then KiethP will be along to tell you how long you have to do the AOS and submit your defence. do not miss court deadlines!

michelle95

The issue date is 28th Jan 19
Thank you

The_Deep

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 five readings are available to watch on the internet, (some 7-8 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.

KeithP

michelle95 wrote: »

The issue date is 28th Jan 19

With a Claim Issue Date of 28th January, you have until Monday 18th February 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 Monday 4th March 2019 to file your Defence.

That's a month away - but it's a short month. 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

Right, now show us that defence...

Umkomaas

As you will see from the first few pages of the forum, there is an onslaught by BWL on behalf of Britannia (and a few other hitherto court-shy PPCs) which is being conducted on an industrial scale - roboclaims.

You are caught in a one-way traffic flow where you must fight or pay - there is no longer a safe 'do nothing' option.

1. Pay now, it costs you exactly what they are currently demanding.
2. Ignore it, a 'judgment in default' will inevitably follow for at least what they want - maybe with even more costs added; continue to ignore that, you're getting a CCJ with credit trashing consequences for 6 years.
3. Defend, yet lose in court, the cost award is likely to be noticeably less than their current demand ~£175.
4. Defend, and win in court, you owe them nothing and you could claim up to £95 for half a day's pay/loss of annual leave, plus travel costs @45p per mile, plus your parking cost for the day.

Your least costly option has to be 3, with hopefully a win as per 4.

But BWL/Britannia cannot physically take everyone to court, and there is evidence to show that with a well constructed defence, BWL can come along with a reduced 'offer to settle', which if refused, becomes a discontinuation. We can't give you guarantees on that, but as you have little choice other than to defend (if you don't want to pay), you need to give this your very best shot.

Whether you have a good defendable case to argue, you will need to read other similar cases at the defence (or beyond) stage and learn from those.

Coupon-mad

Love that reply, Umkomaas, that should do the trick for these cases.

Umkomaas

Coupon-mad wrote: »

Love that reply, Umkomaas, that should do the trick for these cases.

Please feel free to use it (and any other regular).

Just a bit worried I might become another dispenser of holy water - but I've been particularly careful not to include any line 'This is an entirely unregulated industry'. :rotfl:

michelle95

Ok, so I have completed the acknowledgement of service. Now to get writing a defence!!