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Court Claim Form - BW Legal

Hi All,

I have court claim papers issued by BW Legal, I am looking to defend (deadline 5th July).
I've looked through the newbie thread and taken note of a few things but I am unsure on any solid defence for my case (I have never received the original PCN myself, company car, issued to wrong address, I contacted NCP with the correct address and never received the PCN, then got the letters from BW Legal), is there any specific cases I can use in my defence?
Also, is it too late to request a SAR? I asked them for all documents sent to be sent to me which they did but omitted one until they responded to my claim letter to them.

Any help massively appreciated! Thanks
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Replies

  • RedxRedx Forumite
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    email the SAR regardless , its always important, even if its later on


    what is the ISSUE date on the N1 claim form ?


    as for the defence, this is the advice

    most people can use bargepole's concise template defence from the NEWBIES thread,
    and add in a point or two about the facts of the case/contravention/why they are not liable.

    And a point about no landowner authority as seen in other defences and add the
    ABUSE OF PROCESS paragraphs by coupon-mad, and renumber all paragraphs.
  • beamerguybeamerguy Forumite
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    Assume BWLegal has added a fake £60 .... AGAIN .. AGAIN

    A court has said this is ABUSE OF PROCESS amd you must carefully read this thread
    https://forums.moneysavingexpert.com/showthread.php?p=75984768#post75984768

    ABUSE OF PROCESS will form a major part of your defence
  • Thank you! the issue date is 21st June
    I had just read about the abuse of process so that is a point I will be including.
  • edited 30 June 2019 at 10:23PM
    KeithPKeithP Forumite
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    edited 30 June 2019 at 10:23PM
    Bobbins86 wrote: »
    ...the issue date is 21st June.
    I am going to assume your Claim Form came from the County Court Business Centre in Northampton. Please confirm.


    With a Claim Issue Date of 21st June, you have until Wednesday 10th July 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 file linked 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 Wednesday 24th July 2019 to file your Defence.

    That's over three weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the 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 [email protected]
    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.
  • RedxRedx Forumite
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    Bobbins86 wrote: »
    Hi All,
    I have court claim papers issued by BW Legal, I am looking to defend (deadline 5th July).

    this was why I asked you for the ISSUE DATE

    clearly you are mistaken, you can trust the info KeithP gave you above
  • Coupon-madCoupon-mad
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    Bobbins86 wrote: »
    Thank you! the issue date is 21st June
    I had just read about the abuse of process so that is a point I will be including.
    Using the multi-paragraph (needs numbers) ending I posted on that thread, I suggest. Not just mentioning the DJ Taylor decision that can't be produced in evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • this is all great - thank you so much.
    it says on the back of the form that AoS must be done within 14 days from issue date so little confused with that?
  • KeithP wrote: »
    I am going to assume your Claim Form came from the County Court Business Centre with Northampton. Please confirm.

    yes from CCBC
  • edited 30 June 2019 at 10:01PM
    KeithPKeithP Forumite
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    edited 30 June 2019 at 10:01PM
    Bobbins86 wrote: »
    it says on the back of the form that AoS must be done within 14 days from issue date so little confused with that?
    No it doesn't.

    It says:
    You must respond to this claim form within 14 days of the day of service.

    In almost the next sentence it says:
    The day of service is taken as 5 days after the issue date shown overleaf.
  • The Date of Service is five days after the Issue Date.
    this makes me feel better (and less rushed) so I can put together a well structed defence once I have completed the AoS. Thanks.

    I wouldn't have known where to start without you guys!
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