Have you seen this type of Claim Letter

Bachelorplace

Hello Anxiety soothers.



Me again, posting for a mate who like me gets it bad.



He received the enclosed after following advice to ignore. He was the driver. The debt / claim is in his g/fs name - she does not know.

(also gets anxiety)


Can you help clarify his options so he can read this and interject or feel a bit calmer.



1. He wants to know how he can get the debt put in his name as he does not want his g/f to be given any debt.



2. He needs confirmation that this is not a CCJ and that a CCJ is only issued after a summons or court attendance or not.



3. He wants to call BW and pay them just so the issue goes away.


They also sent a claim form and means nonsense which I have not included because it is !!!!!!!! and is just made to infer that it is a county court judgement - similarly the use of the county court name in the address of the processing centre.



Image removed will re up below.

The_Deep

This is a claim form, not a CCJ. You owe the scammers nothing unless a judge says so. It is a scam.

£237 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct. Complain also to your MP

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

waamo

Your friend needs to start working on a defence as this is going to court.

beamerguy

Bit of a problem for your mate.

The claim form (miles away from a CCJ), is in his G/F's name so she must respond albiet the wording can be done by him.

This must be replied to as seen in the Newbies thread.
Once defended and you have plenty of time as the form is dated 28th Feb 19

(KeithP will be along soon to explain)

The courts right now are busy with these parking claim scams. So nothing will really happen for 6-8 weeks,

A lot will depend on the defence submitted and if BWLegal think it's worth it to continue
So, no point in paying them now (although he should not)

So what's the full story about this <<<<<

BWLegal have added on their scam £60 so as they say a contractual charge, go and photo the signs to see if the £60
is shown.

BWLEGAL ADD ON A FAKE £60 ?
In addition to the 'parking charge', the Claimant's legal representatives, BWLegal, have artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery. >>>> thanks to bargepole

Half_way

as above, see here https://forums.moneysavingexpert.com/showthread.php?t=5868812

KeithP

Disappointing to see that you have left the MCOL password clearly visible on that Claim Form image.


With a Claim Issue Date of 28th February, you have until Tuesday 19th 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 Tuesday 2nd April 2019 to file your Defence.

That's over 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.

Of course, everywhere I have said 'you' or 'your' I mean the Defendant.

Bachelorplace

Very useful. As always very kind and thoughtful of you.



Should my mate write to them immediately as her as you say and say she was not driving and her bf was person was?


Or is it recommended to do that via phone to the B People.


Is there a template that is still valid on the forum you know of, that can be used.



I think the main focus here is to get him on the issue and take the female/owner/ registered keeper off it? How best might that be attained please?



I think once he is on it and its his problem he will be able to feel a bit more at peace.

KeithP

Too late for that.

The named Defendant must defend the claim against him/her.

The keeper has more protections than the driver.

waamo

Bachelorplace wrote: »

Very useful. As always very kind and thoughtful of you.



Should my mate write to them immediately as her as you say and say she was not driving and her bf was person was?


Or is it recommended to do that via phone to the B People.


Is there a template that is still valid on the forum you know of, that can be used.



I think the main focus here is to get him on the issue and take the female/owner/ registered keeper off it? How best might that be attained please?



I think once he is on it and its his problem he will be able to feel a bit more at peace.

It's gone way beyond writing or phoning people. You need to read post 2 of the Newbies thread and your friend needs to log on to MCOL and defend this.

As I said earlier this is going to court.