BWLegal

Beerkelly

Beerkelly wrote: »

ref. Juristiction in the acknowledgement of service - under the Court rules a claim must be served within a specified period of time - 4 months from the date of issue of the claim if served in England and Wales - or ist it 4 months from Notice to Keeper? any response Umkomaas?

I think that the claim is the PCN and that was for £60 then £100 BW legal just added to the claim legal costs so if the PCN is more than 4 months pre the claim form MCOL then they don't have jurisdiction - If no one can confirm I will tick the box and let the court decide? If the court disagrees then they will answer and that is that.
I will also ask on Legal Beagles forum but I will need to do this on Monday 2/4 now as busy weekend.

Umkomaas

Beerkelly wrote: »

I think that the claim is the PCN and that was for £60 then £100 BW legal just added to the claim legal costs so if the PCN is more than 4 months pre the claim form MCOL then they don't have jurisdiction - If no one can confirm I will tick the box and let the court decide? If the court disagrees then they will answer and that is that.
I will also ask on Legal Beagles forum but I will need to do this on Monday 2/4 now as busy weekend.

But the PPC has 6 years (from the issue of the PCN) in which to issue a civil claim via the small claims court. Limitation Act 1980 - para 5.

https://www.legislation.gov.uk/ukpga/1980/58

Can you point us to the information you are getting re the 4 months deadline please?

KeithP

Since the word 'claim' seems to be being used rather loosely here. can you please confirm whether or not you have received one or more County Court Claim Forms?

If you have, then please tell us the Issue Dates on those Claim Forms, and did they come from the County Court Business Centre in Northampton, or from somewhere else?

Ricky_B

Hi,
Really sorry to piggy back on your thread... but I’m from Tamworth myself and I’m pretty sure I know what car park you’re talking about and I’ve just became a member to ask a question or start a thread regarding a letter I’ve received from BW Legal about taking me to court due to this same car park but I’m having trouble finding out how to start a new thread. If anyone can help? Or shall I just ask the question here?

KeithP

Ricky_B wrote: »

I’m having trouble finding out how to start a new thread. If anyone can help? Or shall I just ask the question here?

To start a new thread, click on this blue button:

Please don't ask further questions here. It will only lead to confusion.

Coupon-mad

You start a new thread on page one of the board, where all today's threads are, and you will see NEWBIES PLEASE READ THESE FAQS FIRST is a 'sticky' info thread near the top.

See my signature for where to click from here.

Don't post on this thread, as it belongs to the thread starter about their case only.

Not sure if you are, but please, please don't read this forum on a phone.

Beerkelly

KeithP wrote: »

Since the word 'claim' seems to be being used rather loosely here. can you please confirm whether or not you have received one or more County Court Claim Forms?

If you have, then please tell us the Issue Dates on those Claim Forms, and did they come from the County Court Business Centre in Northampton, or from somewhere else?

Hi yes I have received two separate claims from Northampton and they are both dated 19th March 2019. I did do acknowledgement of Service as per forum and Coupon Mad advice by post and one was not signed so it cam back and I then went on line to update the AOS on time but saw the Juristiction argument and thought it best to check.
I will do the AOS online today as needs to be done by 2/4/19!

KeithP

With a Claim Issue Date of 19th March, you have until Monday 8th April 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. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 23rd April 2019 to file your Defence.

That's three weeks away. Loads of time to produce a perfect Defence and it's good to see you are not leaving 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 "defence received". 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

Why do AOS by post? Asking for trouble. We never advise that.

Also no idea why you think jurisdiction is an issue. It's not.

Two claims? I hope you've been reading other threads on how to deal with that?

https://forums.moneysavingexpert.com/discussion/comment/75646653#Comment_75646653

Beerkelly

Hi Coupon Mad
there was something in newbies about defending by post think it was from Bargepole - however I am happier with digital as it is recorded
In regards to the two claims -I was aware of the other post however - check out BPA Code of Practice 2018 v7 APPENDIX C SCHEDULE 4 OF THE PROTECTION OF FREEDOMS ACT 2012 RECOVERY OF UNPAID PARKING CHARGES 7 (3) The notice must relate only to a single period of parking specified under subparagraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).

Despite the above I wrote to BW legal stating that the ref claims be actioned as one should litigation be enforced. Should the letter go in my defence now or witness statement or both?

Since the above I have been concentrating on my defence all day as I am travelling from end of next week and wont be able to spent quality time on it. I will post some follow on info on next thread
Thanks for support so far.