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Bw legal claim form

Armitch
Armitch Posts: 8 Forumite
edited 22 February 2019 at 2:07PM in Parking tickets, fines & parking
“ Hi I'm starting my own thread instead of commenting on existing ones

I got a parking ticket in April 2016 at Newcastle Airport from UK Parking Patrol
I didn't actually "set down" I did a U turn before I got to the barrier but was photographed saying I was liable.
I was sent a photo of my car but the driver couldn't be identified.
I did a few internet searches and probably mistakenly ignored it I got several reminders and a few debt collectors letters and phone calls which I blocked.
I received a letter from Gladstone's Solicitors saying if I didn't pay within 14 days it will go to civil court.
again I ignored the letters and this was handed over to BW Legal who's letters I still ignored
until yesterday I received a Claim form from BW Legal from the County Court Business Centre Northampton I have submitted a AOS online to give me time for a defence the original issue date was 15/2/19.
BW Legal are now asking for £255.94 for which was originally a £60 fine.


I was going to base my defence on the grounds of firstly not receiving the letters as I live at my girlfriends house partly true but my lodger gave me the claim form letter,
but I may be better going down the POFA route
also 3 other people were insured to drive the car and one of them (my father) has since passed away as it's almost 3 years ago how can I remember who was driving?


I was hoping for some advice and any will be gratefully accepted.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 February 2019 at 10:35PM
    read post #2 of the NEWBIES FAQ sticky thread and study the example defences, because your defence is based on legal argument and not so much about "what happened"

    save any "story" for your WS later down the track


    read any airport court claim threads for more help and advice, like this one


    https://forums.moneysavingexpert.com/discussion/5967438/claim-form-for-parking-at-doncaster-airport


    your defence will mainly rely on it being airport land and so not relevant land for POFA, no parking event occurred by the driver , no landowner authority etc
  • You need to read Post 2 of the NEWBIES thread (a sticky post). This talks you through the whole process, including defences and irrelevant defences.

    Draft something when you have read the NEWBIES post and people will comment on it with you.
    Natwest OD - Start: £1,500 Current: £1,500 |  Creation Loan - Start: £2,152.33 Current: £2,082.90  |  Barclaycard CC - Start: £5,242.42 Current: £5,416.45  |  Novuna Loan - Start: £8,598.43 Current: £8,366.04  |  Tesco CC - Start: £9,420.22 Current: £9,885  |  Northridge Car - Start: £15,584 Current: £15,017

    Starting total on 02.07.2024 is: £42,497.40  |  Current total: £42,267.39 (0.5% paid off)
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Armitch wrote: »
    ...yesterday I received a Claim form from BW Legal from the County Court Business Centre Northampton I have submitted a AOS online to give me time for a defence the original issue date was 15/2/19.
    With a Claim Issue Date of 15th February, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 20th March 2019 to file your Defence.

    That's nearly four weeks away. Loads of time to produce a perfect Defence, but please do not 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
    Coupon-mad Posts: 154,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you found the other 6 UKPPO/Newcastle Airport claim posters yet and swapped pm's with them?

    We have asked them all to only show a defence on ONE thread, please. We can't do these exact same batch defences seven times over, on single threads.

    I'll give you a heads up, one of the posters is jonnnn12.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Armitch wrote: »


    I was going to base my defence on the grounds of firstly not receiving the letters as I live at my girlfriends house partly true but my lodger gave me the claim form letter,
    also 3 other people were insured to drive the car and one of them (my father) .

    And where does the DVLA think your car's registeredvaddress is?
  • Thanks I've sent a PM to other people on the Newcastle airport thread
  • Le_Kirk
    Le_Kirk Posts: 24,865 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you are going to rely on POFA and not being the driver, you might (no SHOULD) edit post # 1.
  • 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.
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