Didn't receive initial fine until court papers arrived

Coupon-mad

See this guide too:

https://legalbeagles.info/forums/forum/legalbeagles-consumer-forums/welcome-forum/76030-application-to-amend-defence

BrownTrout

If I were you and I won't be popular for saying this but you haven't got a chance with that defence.i.wouldnt even bother wasting your time going to court

Unless you can get help with fees to allow an application to amend the defence. However those apps can take time.

If you can good. If not I would just settle with bw legal

Coupon-mad

She can, she has confirmed it, as I suspected she is likely to qualify.

She can rewrite it with our help now!

BrownTrout

She will need to act very fast in getting the fees form. By fast I would suggest before the court counter closes on Friday...... court counters often close at 2pm

FuzzyDuck1

POC
The claimants claim is for the sum of £242.08 being monies due from the defendant to the claimant in respect of a parking charge notice (PCN) for a parking contravention which occured on 11/07/2018 in the private car park/land located at Tamworth Gungate Tamworth B79 7BD in relation to a vehicle, Ford Ka registration BG55WKV.
The defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so.
Despite demand having been made, the defendant has 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 £0.04 from 11/07/2018 to 03/01/2019 being an amount of £7.08.
The claimants claim includes £60.00 costs as set out in the terms and conditions.

Coupon-mad

BrownTrout wrote: »

She will need to act very fast in getting the fees form. By fast I would suggest before the court counter closes on Friday...... court counters often close at 2pm

She has already applied online tonight and has a reference to quote, with the N244.

FuzzyDuck1

BW legal have written to me 31/01/2019 stating the following background in response to my defense...

1) for the avoidance of any doubt, our clients claim is for damages as a direct result of your breach of our clients terms and conditions.

2) for all intents and purposes, our client has a legitimate commercial interest and sufficient standing to a) issu

Coupon-mad

OK so tomorrow, have a go at re-writing your defence based on the guides I showed you, that require the old defence to be struck through (almost all of it...!) and all new words where the Defendant is denying aspects of the particulars of claim, or putting the Claimant to strict proof of their case.

Don't rush this, give this a good go and show us the crossed out and amended version here within a couple of days so we can look at the weekend.

FuzzyDuck1

(a) issue parking charge notices as a result of the terms and conditions being breached and (b) bring proceedings in its own name.

3) the signage situated across the car park forms a unilateral offer to anyone wishing to park their vehicle at the location. As the offer is a unilateral one, there is no need for the motorist to communicate their acceptance; the performance of parking in accordance with the terms and conditions are clearly displayed, and the motorist would have had the opportunity to read and understand them on parking at the car park. An objective observer would consider this action to have been done in acceptance of the terms and conditions.

CORE TERMS AND CONDITIONS
4) the signage erected at the car park contained, inter alia, the following terms and conditions. A penalty charge norice will be issued for failure to pay for parking.

THE BREACH
5) on 11th July 2018 ) contravention date) we are instructed that you were the registered keeper and/or vthe driver of a vehicle bearing the registration mark BG55WKV, (vehicle) which was parked on private land (i.e Tamworth Gungate, Tamworth, B79 7BD) managed by our client (car park).

6) the terms and conditions which you accepted upon entering the car park are clear and unambiguous.

7) the enclosed photographs taken by the automatic number plate recognition (ANPR) Cameta shows your vehicle entering the car park at 18:17 and exiting at 19:37. Our client has reconciled the images taken from the ANPR cameras, the vehicle registration numbers of vehicles that entered and exited the car park on the contravention date and then compared it against data extracted from the car park transaction logs to determine whether or not s ticket matching the registration number of the particular vehicle was purchased. The log shows you breached the terms and conditions as you parked without payment of the parking charge.

8) As a Result of the breach, our client is well within their contractual rights to issue the PCN and take all necessary steps(including bringing legal proceedings) to recover the outstanding charge.

YOUR DEFENCE
9) you have mxfe an allegation in your defence that you were not the driver of the vehicle on the contravention date. As the registered keeper of the vehicle and given that you had not provided our client with the full name and serviceable address of the driver within 28 days from the date of the PCN, our client us able to hold you liable for the unpaid parking charge under schedule 4 of the protection of freedom act 2012.

10) we note in your defence you have mentioned you suffer from a disability and are in I'll health. Please provide us evidence of this confirming your condition and the date your health problems started. This can be done in the form of a doctor's letter.

WHAT TO DO NEXT
our client is willing to resolve matters with you on an amicable basis, however, this us contingent on you making immediate arrangements to repay the outstanding balance due within 14 days.

We can confirm your options for repayment are as follows
1) payment in full as lump sum
2) Tomlin order - if you cannot afford to pay the outstanding balance within 14 days don't worry, our client may be willing to accept repayments of the outstanding balance at an affordable rate each month by agreeing a Tomlin order, subject to the courts approval. We have enclosed an income and expenditure form for you to complete and return in the event that you are unable to pay the outstanding balance in one lump sum. The court would require a fee of £100 to be paid for the Tomlin order which will be added to the full outstanding balance.

Mediation agreement - if you have not yet filed your directions questionnaire with the court, you can select the option on the directs questionnaire for the matter to get referred to the small claims mediation service (SCMS) which is free. If you contact the SCMS to arrange and appointment we can agree a mediation agreement (without having to incur any additional costs) and our client would be agreeable to repayment of the fill outstanding balance to be paid by affordable installments.

It is important that you call us before the 14 day period expires to discuss the options available to you.

If you have not taken any of the action above before the deadline expires, we are instructed to continue with the legal recoveries process to recover the outstanding balance

Coupon-mad

Ignore that drivel and crack on with rewriting your defence in the way I explained.