BW Legal County Court Claim - Late Acknowledgment of Service

starsteel

I have a county court claim from BW Legal on behalf of Britannia Parking for an incident last year where the driver failed to notice that a retail car park had started using ANPR cameras and changed the system for free parking. I was going to appeal on the grounds of poorly marked/explained retail bays and unclear signage.

Two problems: I confused the BW Legal paperwork with the County Court claim paperwork and mixed up the BW Legal "deadline" with the AOS deadline and so I submitted the AOS 4 days late on the MCOL system. Is it too late?

The other issue being defending in court in person - I'm waiting to be assessed for Asperger's and I'm quite capable of dealing with problems in writing, but I can't face dealing with that in person and I'd rather not ask for help with representation. Is it worse if I don't defend in person?

Le_Kirk

All you can do is to keep checking MCOL to see if your submission has been accepted. If it doesn't show up, you might have to call Northampton CCBC because what you don't want is a judgment in default because you "didn't defend". Assuming your AoS is accepted, it always worse if you don't defend in person (i.e. have it done "on papers") as you will not be there to counter any points put forward by the claimant. A couple of weeks ago, three (I think - might have been only two) claimants lost by not being there and had higher than normal costs awarded against them.

KeithP

What is the Issue Date on your Claim Form?

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

starsteel

KeithP wrote: »

What is the Issue Date on your Claim Form?

It's the 13th May. Unfortunately I was away for a couple of weeks and didn't get round to it quick enough.

starsteel

Le_Kirk wrote: »

All you can do is to keep checking MCOL to see if your submission has been accepted. If it doesn't show up, you might have to call Northampton CCBC because what you don't want is a judgment in default because you "didn't defend". Assuming your AoS is accepted, it always worse if you don't defend in person (i.e. have it done "on papers") as you will not be there to counter any points put forward by the claimant. A couple of weeks ago, three (I think - might have been only two) claimants lost by not being there and had higher than normal costs awarded against them.

So if it's accepted and I'm not willing to defend in person I might be better off paying/seeing if I can negotiate with BW Legal? That feels like the wrong thing to do just on principle, but possibly more sensible.

KeithP

On what date did you do the Acknowledgement of Service?

With a Claim Issue Date of 13th May you had until 3rd June - that's last Monday - to do the AoS.

When exactly did you do the AoS?

starsteel

KeithP wrote: »

On what date did you do the Acknowledgement of Service?

With a Claim Issue Date of 13th May you had until 3rd June - that's last Monday - to do the AoS.

When exactly did you do the AoS?

Today, so 4 days late. Unfortunately I mixed the dates up with one in the most recent letter from BW Legal giving me a later deadline.

KeithP

Then write your Defence this weekend and get that filed before Monday.

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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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

So if it's accepted and I'm not willing to defend in person I might be better off paying/seeing if I can negotiate with BW Legal?

No. There us no negotiation with BW Legal, they are glorified debt collectors.

You must attend the hearing to have the best chance to win, or

- get lucky with a decent Judge (e.g. Manchester Judges - they're good)

or

- put in such a strong set of evidence with your witness statement that somehow you stand a chance of winning... but they are likely to send a rep who will try to steer the Judge up the garden path and will try to get their fee of between £100-£200 on top!

That is why you need to be there. To stop the rep steering the case, and to be the only true witness, as the other side won't field one.

It's half a day at your local court, no more time out of your day than if you took a dentist appointment off work.