PCN -B W Legal filed to court help please !!

HGordon

Hi ,

I have looked at the thread first about PCNs but could not find an answer . I park at a station regularly through the app. I received a pcn from Britannia for a date I had paid online. I ignored it then bw legal stepped in so I defended this on the online claims tracker stating that I did pay online.
However after visiting the station it seems that the two car parks are owned by different companies !!!! I must of parked in The other one assumed it was the same and paid with the app. The cost is now £230 for this ticket and obvs will end up in court? I just need advice as whether to pay this or defend it . It seems very unfair but I don’t want to battle and lose.

Thank you in advance .

ShakeItOff

There have been a couple of posts like that recently.

First place to start is the NEWBIES thread, specifically post #2 as this talks you through the claim process and what you need to do.

It would also be worth sending a subject access request to Britannia. Do it today - they have 30 days to respond. Their Data Protection Officer's email is on their privacy page.

It might also be worth going and taking your own photos to show how difficult it is to spot the change in ownership.

HGordon

Thank you .
BW Legal have sent paperwork stating their clients position inc pictures of the car and signage on the machines . It has now escalated to £230 . I really don’t want to go to court would there be an option to pay but not with all the additional costs .?

Thanks

Redx

what is the DATE OF ISSUE on your claim form ?

plus , did the claim form (N1) come from the CCBC in Northampton ?

to answer your question, you have few choices

pay up , IN FULL to stop all action

negotiate a full and final settlement with the claimant

fight by defending yourself

you wont find an easy way out of this , so stop looking

HGordon

Thanks
the Form n180 small claims has to be relayed to by 11march
Yes Northampton
Do I contact the claimant direct to settle or through the legal company?

TIA

HGordon

I was driving my husbands car and we just went with him replying as addressed to him but realised we should have said it was me .

ShakeItOff

Why are you looking to settle? Even if you went to court, you wouldn't be likely to pay as much as they're demanding.

You could always send them (solicitors) an email, titled "without prejudice" (they cannot use this in court, and neither can you), making an nominal offer to pay (e.g. the original notice charge). I would be very mindful to keep your correspondence in writing at this point. They don't have to accept it though, and if they're playing tactically, they may want to push it to court if they think you'll wriggle.

Redx

HGordon wrote: »

Thanks
the Form n180 small claims has to be relayed to by 11march
Yes Northampton
Do I contact the claimant direct to settle or through the legal company?

TIA

this court claim doesnt appear to be in YOUR name so YOU can do nothing at all , the person named on the official MCOL N1 document should be dealing with it (ie:- your husband , not you)

I asked you for the DATE OF ISSUE on that N1 form, you didnt answer the question

contact the solicitor handling the case by email (all done in writing , no phoning)

HGordon

To be fair I’m just worried about getting it wrong, I have no idea what im doing with this and find it very stressful. Panicking about getting things back on time etc
Also as we never said it to me my husband would have to go to court as it’s in his name ?

HGordon

I don’t know what the NC01form is ?
As I was driving the car and contested it it’s my responsibility to do the legwork whether my husband goes or not .

KeithP

HGordon wrote: »

the Form n180 small claims has to be relayed to by 11march

This tells me that you have already filed a Defence.

Can you please show us the Defence that has been filed with the Court?

There are full instructions on how to complete a Directions Questionnaire in post #2 of the NEWBIES thread.