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BW Legal DEX MSCP Claim Form

Hi all,

I recently received a claim form for a parking ticket from a DEX carpark in which i requested BW legal send me all documents i was lawfully entitled to relating to the parking offense.

I received no information in regards to this and have now received a claim form.

Any help or guidance on how to pursue this further would be greatly appreciated.

Comments

  • Fruitcake
    Fruitcake Posts: 59,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Follow the guide to court written by bargepole that you will find in post 2 of the NEWBIES.

    Send an SAR to the parking company. Please give us the full name of said company.

    Complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking company please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on the Claim Form?

    Did it come from the County Court Business Centre in Northampton, or from somewhere else?
  • parkingmeter
    parkingmeter Posts: 9 Forumite
    edited 26 February 2019 at 3:26PM
    issue date on claim form is 18th Feb 2019, parking company is britannia parking/bw legal and it did come from Northampton Business centre
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    issue date on claim form is 18th Feb 2019,
    With a Claim Issue Date of 18th February, you have until Monday 11th March 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 Monday 25th March 2019 to file your Defence.

    That's nearly four weeks 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.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    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.
    You never know how far you can go until you go too far.
  • I have received a Notice of Allocation to the small claims track. I then received a letter from BW Legal Stating that my defence is invalid despite the signs not being easily visible and their being no car park attendant. They are obviously refuting all claims and trying o ambush me into paying.

    What is my next step when filling the NOA should i go take pictures etc?

    Thanks

    PM
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have received a Notice of Allocation to the small claims track. I then received a letter from BW Legal Stating that my defence is invalid despite the signs not being easily visible and their being no car park attendant. They are obviously refuting all claims and trying o ambush me into paying.

    What is my next step when filling the NOA should i go take pictures etc?

    Thanks

    PM
    What do you need to fill in on the Notice of Allocation?

    As described in post #2 of the NEWBIES thread, your next steps are to gather your evidence, if you haven't done so already, and produce a Witness Statement.
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