BW Legal - Court Claim (I have read other threads)

Gruffman

County Court Claim Received Via BW Legal -

Court Clam Date of issue was 3rd of July 2019

A Car Parked In PPS Car Park. Ticket Paid and Displayed On Dashboard
Picture taken of the ticket on dashboard
There is a clear picture of the receipt, but do not have it physical original after 4 years.
It looks like one digit is incorrect "0" rather than an "O" on the registration
Car left 5+ hours BEFORE expiry of the ticket.

I need to file a defence but i have no clue how, i have looked at many MANY different examples but they are so long winded and I cannot see anything that applies.

To put it simply, it was paid, displayed, and the left the car park way before expiry of the ticket. The only thing that was done incorrectly is a minor mistake in a single character of the number plate. In fact, unless you look at it carefully you would think the registration is correct!

I have already written by pen on the court defence form (which lets face it is not written in a legal jargon way given that i am not a solicitor), so not sure if I now have to send that, or if can rewrite/type on a separate piece of paper my defence.

For those reading, this is what i wrote on the claim form

"I have attached to the copy of the original parking charge notice enclosed a copy of the ticket that was purchased on the day in which my car was parked and displayed correctly for the duration in which my was parked for. I have a couple of years ago now replied to PPS parking and sent a copy of this and assumed this was the end of the matter. However this was not the case and received another letter which suggested a different date to which the alleged contravention occurred. This to me suggested that this was incorrect and that an error had occurred on their part. I did not hear from them again until such time I received legal letters.

The evidence clearly shows that I had made payment and for the correct amount for the length of time in which i parked for. In fact I paid for longer than i was actually there. I cannot therefore see why I am liable for an amount and would therefore request the court to dismiss this claim in full. I hope the photographic evidence which shows a copy of the exact receipt for the date and time parked at the address in question is sufficient for this to happen. The original i no longer have, but I am relieved i took a copy, otherwise i would have had no proof and the company would i assume have incorrectly won by default"

This is what i have already written down on the actual claim form in pen, before looking at these threads, so cant really change anything. I also didn't really notice the single character mistake until so either. Would this be okay of do you think because it is not legally worded it will be just thrown out? hopefullt not.

It was originally for £60 but they want £182.82 (which includes £60 "Contractual costs pursuant to PCN terms and conditions) + £25 court fee + £50 legal costs.

Please help as this is not fair, especially as it is likely a simple fact of genuine mistake in one character, which as stated without looking very carefully would suggest it was actually correct ("0" rather than what should have been a "O")

Thanks

Gruffman

Redx

That is a witness statement, not a defence

Construct your draft defence in Word or similar as it can be emailed

email a SAR to the DPO at PPS with proof of ID

Do the AOS online asap

Start with the concise defence by bargepole and add the 8 or so abuse of process paragraphs from the beamerguy thread by coupon mad

Address the POC details as well, plus add no landowner authority too

Then look at other defences with key entry issues as yours is not the first

beamerguy

It was originally for £60 but they want £182.82 (which includes £60 "Contractual costs pursuant to PCN terms and conditions) + £25 court fee + £50 legal costs.

Not only is the £60 ABUSE OF PROCESS, but BWLegal are now abusing the court..They were told very clearly by D J Taylor in Southampton that .....

"The claim contains a substantial charge additional to the parking charge which it is alleged the defendant contracted to pay, This additional charge is not recoverable under the protection of freedoms act 2012"

https://forums.moneysavingexpert.com/discussion/comment/75929156#Comment_75929156

This is the main point you will bring to the attention of a judge with the view of the case being dismissed due to ABUSE OF PROCESS

PLUS, BWLegal will have signed to say that "this is a statement of truth" ...... ABUSE OF PROCESS IS NOT THE TRUTH

In the link above also read a post by Coupon-mad, post #14 where
DJ Grand, who on 21st February 2019 sitting at the Newport (IOW) County Court, had struck out a parking firm claim.

Then read and understand a post by Jonnersh, #36
This is a reference to "statement of truth"

Half_way

Who's car park was this?
is it attacked to a retail park ? shop? other businesses? standalone?

Quentin

Have you read up on this in the newbies FAQ thread near the top of the forum?

You are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you

Umkomaas

You've knee-jerked too early on that defence. Fortunately (it seems) you've not sent it off. You do not fill in the defence now, simply send in the Acknowledgment of Service (AOS), which will extend your deadline for submission of your defence to 33 days from the Date of Issue of the claim.

All this you do electronically, so you having written in the defence box is not an issue, but whatever you do, don't send in that paper based version.

Your defence needs serious surgery. It should not be constructed in the first person; it should be 'the Defendant' did this, 'the Defendant' did that. Nor should there be any admission as to who parked the vehicle.

So my advice is:

1. Send in (electronically!) the AOS immediately (there's no advantage in delaying, if you leave it beyond 19 days, it's too late and you automatically lose).

2. Read the NEWBIES FAQ sticky, post #2 where legal expert bargepole has provided examples of what a defence should look like, and what to include.

3. Draft your own version and post here for critique.

4. Please confirm which parking company this is - full name, there are a number using similar acronyms.

5. Do you still have the original, first postal notification of the parking charge (not the ticket you took from the machine) from the parking company from 4 years ago?

Gruffman

AOS Filed On-line via MCOL

Claimant
Premier Parking Solutions Limited

Claim Number
***************

Defendant
Mr ****** ****

Amount Claimed
£182.82

Court Fee
£25.00

Solicitor Costs
£50.00

Total Amount
£257.82

Issue Date
03/07/2019

"A claim was issued against you on 03/07/2019
Your acknowledgment of service was submitted on 05/07/2019 at 09:55:21"

Is this sufficient, it does not state the new date in which i have to respond a defence with.

Quentin

Yes that's all you get from the Court after AOS

You now have 28 days from the date of service to get your defence in

Gruffman

Hi, Umkomaas

AOS Submitted
Premier Parking Solutions (PPS)
Yes I have the original letter and I have a copy of the ticket that was used on the dashboard.
No I have not sent the claim form.

Half_way

Who's car park was this ?

Gruffman

1. Send in (electronically!) the AOS immediately (there's no advantage in delaying, if you leave it beyond 19 days, it's too late and you automatically lose).

DONE

2. Read the NEWBIES FAQ sticky, post #2 where legal expert bargepole has provided examples of what a defence should look like, and what to include.

Im very sorry, but i cannot find them :-\

3. Draft your own version and post here for critique.

I will do once i am able to get some examples (i have no clue how to start (see above))

4. Please confirm which parking company this is - full name, there are a number using similar acronyms.

Premier Parking Solutions

5. Do you still have the original, first postal notification of the parking charge (not the ticket you took from the machine) from the parking company from 4 years ago?

Yes, both the original sheet with a picture of car and registration. I also have a photograph of the ticket which clearly shows all elements of it