Sorry another BW legal thread!

Oliveoil88

So just to clarify, I shouldn't send the form back to BW legal ticking the box that I'm contesting the claim against me?

KeithP

That's right.

Write to them if you like, but no need to use their intrusive forms.

Oliveoil88

Do I create MCOL account now and work on my defense? I'M AT LBC point now.. Or wait until I here from the courts?

KeithP

Oliveoil88 wrote: »

Do I create MCOL account now and work on my defense? I'M AT LBC point now.. Or wait until I here from the courts?

Wait until you get a County Court Claim Form.

You should be thinking about your Defence - no 's' in that word - by reading the guidance and examples in post #2 of the NEWBIES thread.

Oliveoil88

My Defense .......... is this ok? its all true and can be backed up with evidence

I entered the NPC car park on the day in question with my 3 year old daughter and 12 year old son to which I found my whole parking experience offered by NCP, nothing more than utter confusion and an extremely stressful situation. On leaving the car park on my arrival I was approached by two other drivers asking me if I knew how to pay or acquire a ticket as there seemed to be a lot of confusion all round, which I would later learn myself on my return.

On returning to my vehicle and wanting nothing more than to pay for using NCP`s service, I focused on NPC sign that was situated about 10m in front of my vehicle which I found unclear and confusing. It was only when I noticed in large standout lettering "Pay for parking by mobile phone" that I visited the NCP mobile website via my phone. I noticed the layout of their mobile page seemed more catered towards people buying Pre-booked tickets and season passes and not actually paying for their ticket while situated in one of their car parks

I spent over 15 minutes filtering through the default page headers but was unable to find any way to pay for my ticket as it would seem NCP wouldn't class this as a priority header. It was only days later after investigating how I got so lost on their web-page that I found, towards the bottom of their mobile page, in small writing "pay or appeal a PCN, but due the stressful situation I was in on the day didn't seem obvious to me at the time.

I would expect NCP to priorities their mobile page headers to make the whole paying experience online much easier, with a simple header "Pay for your ticket" , rather than in my opinion hiding it down the bottom in small writing next to an appeal process as I feel a large number of there traffic visiting their site is to pay for live tickets.

From being unable to locate away to pay via their web-page, I like the other drivers, looked for help from others. I learned from a lady parked close to me that I could pay via an mobile app. To which I tried to install, but was unable to after many attempts, as the app refused to finalize on my phone - This was another 15 minutes wasted

Not only was I dealing with the utter confusion of unclear signs and mobile web-page and app that refused to install, I was also dealing with the stress of dealing with both my children, especially my 3 year old who had accidentally wet herself due to the amount of time I spent wasted within the car park.
I left the car park after I learnt from a lady who approached my vehicle seeming concerned for me and my screaming child that I could simply pay once I was home, up to 24 hours, which was a instant stress relief.

After arriving home and being unable to contact a NCP agent via there "live chat" as it kept saying unavailable I decided to email NCP (which I hold evidence of), expressing I would simply like to pay for my ticket and I needed fast help as I only had until 23:59 that day to pay and i didnt know what to do.

The response I received from an NCP employee, was that they do offer 24 hours to pay via "some of their car parks", but the car park I used wasn't one of them and I was to penalized
I later phoned NCP to try to explain my situation and that all I wanted was pay for the £3 ticket for using their services and the troubles I had, but was quickly cut short and told I was to be fined and to await documentation via post

I find NCP not offering the same amount of time frame consistently across all of their car parks and "only selected ones", only adds to confusion and discrimination of people using their parking services, especially as this wasn't obvious on the dedicated sign I was to follow within my parking area.

I would ask the court to throw out the case against me, due to the NCP not being the landowner of the car park in question, but more so for not willing to help and understand the problems I faced on the day, and preferring to send threatening letters from BW legal in an effort to scare me into paying.for something I feel i went above and beyond to pay

KeithP

Please re-read the second sentence in post #25 above.

It is clear that you haven't looked at any of the example Defences I pointed you towards.

Looks more like a Witness Statement to me.

Oliveoil88

I drank 3 bottles of whiskeys, over 3 long nights, writing that, while watching Columbo

As a very good friend of mine, many years ago, called Arnold used to say..... "I'll be back"

KeithP

Don't discard it, it will come handy, with a little tweaking, later in the process.

beamerguy

Oliveoil88 wrote: »

I drank 3 bottles of whiskeys, over 3 long nights, writing that, while watching Columbo

As a very good friend of mine, many years ago, called Arnold used to say..... "I'll be back"

:):):) well rest assured, you will not be as pis*ed out of your brains as the donkeys taking you to court :rotfl:

Oliveoil88

Got claim letter dated 20.11.19 giving me 14 days to reply...
From Northampton

I have logged in to money claim online and choose option, I dispute the claim, as well as post letter back.

Online it says "claim history"

A claim was issued against you on 20.11.19
Your achnowledgment of service was received on 29.11.19

My question is..... Do I have any extra time to upload my defence now?, or only until the 4th Dec?

Thanks