CCJ from BW Legal. Please help.

AnthonyAB

Filled it out. Don't know if I've done it properly. But it's getting sent. I put "at a hearing".

I don't have much evidence to prove their machines were not working on the 26th but they have evidence that it was. Not when I used it.
And the App was not working.

I have a screenshot that shows that it stated: Parking is not available at the moment, please check for signage. And there was no signage and cars were parked.

Plus Britannia parking is intentionally deceptive. And so are BW Legal, clearly.

AnthonyAB

There are people arguing on my thread and it's not really helping at all. Just confusing me even more.

onlyfoolsandparking

AnthonyAB wrote: »

Filled it out. Don't know if I've done it properly. But it's getting sent. I put "at a hearing".

I don't have much evidence to prove their machines were not working on the 26th but they have evidence that it was. Not when I used it.
And the App was not working.

I have a screenshot that shows that it stated: Parking is not available at the moment, please check for signage. And there was no signage and cars were parked.

Plus Britannia parking is intentionally deceptive. And so are BW Legal, clearly.

Good luck with your defence.

rachity

waamo wrote: »

And why would they have reason to believe someone has moved? Unless they are told (returning letters and marking them as moved would do) they won't know.

In the absence of any evidence someone has moved it's not unreasonable to continue chasing the last known address.

Britannia Parking sent all of there little threats in the beginning to my correct address so I have no idea why.

##########

AnthonyAB

They sent it to an address I lived at more than 4 years ago. We bought our first car in 2017. And I passed my test in 2018 Feb. The fine was a bit more than a year ago.....

Umkomaas

AnthonyAB wrote: »

They sent it to an address I lived at more than 4 years ago. We bought our first car in 2017. And I passed my test in 2018 Feb. The fine was a bit more than a year ago.....

They use the address given to the DVLA when registering the car in question as recorded on the V5C logbook. So if your first car was only purchased 2 years ago, how come the DVLA has an address from 4 years ago?

Check what’s on your V5C.

AnthonyAB

because bw law did a credit check. they told me.

Coupon-mad

OK so your set aside shouldn't be a problem, IMHO. They had the DVLA address for the keeper then they decided to serve papers to a much older address.

Scammers. This should be illegal.

Sounds like you also have great prospects of successfully defending the claim too, given you have a screenshot showing the machines were not working.

AnthonyAB

With a CCJ do I have one month before they can enforce it? They said something about needing to respond within 14 days,

Coupon-mad

onlyfoolsandparking wrote: »

Hang on a sec here, you know me CM I'm not an expert with Court blah blah so I'm always careful what I 'advise' BUT is it say BW lying legal wanting £250 to 'cancel' CCJ entry and that's then the end of it OR pay £255 set aside but then have to defend original claim, am I correct in my thinking or have I missed something? because for me and putting it in simple terms this is what it looks like:


A, pay BW scumbags £250 (approx. I guess) end of grief
but (assuming the judgment is past 30 days) this also costs you £100 court fee to set aside without a hearing = £350 or quite possibly more, as BW Legal would name their price...no doubt adding more for the time taken for the consent order...and you've then been scammed and can't defend it.

It's a no-brainer to me to do a £255 set aside and defend.

The ONLY ones I would trust to do a set aside 'properly' and without charging loads more, is ParkingEye, and I would consider advising that to someone whose case was from ParkingEye, BUT ONLY where the facts were like the Beavis case and thus, far less likely to be won in the end.

This OP's case is not like that - he/she has strong prospects of success.

And everyone can ask the Judge to award the £255 fee to be paid by the Claimant but you are right, there is no guarantee, but we can but try for that too!