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

Half_way

Paignton crossways shopping centre?

Coupon-mad

However, i am assuming this will definitely go to court and need me to attend in person? Great..... :-(

I don't think so, in your case (but we win 99% of the time anyway, all ordinary non-legal minded posters, almost all winning).

But I think you might be able to head off this case & kill it without a hearing.

You MUST submit a defence anyway and we can help with fine tuning that once you've shown us your basic draft. Pretty sure one of the example defences in the NEWBIES thread post #2 is for a mistyped VRN, so it will be easy for you to copy & adapt that.

Anyway, what I also suggest you do is send a version of this to BW Legal:

https://forums.moneysavingexpert.com/discussion/5817804/late-ntk-unreadable-signage-and-false-pcn

Read the WHOLE thread, as the words are NOT just those in post #30 (too weak)!

That letter I helped draft went to Gladstones, but yours is BW Legal. The point is the IPC told its members a year ago NOT to penalise '0' or 'O' keying errors...all you have to do is make it clear you know that fact, and put pressure on BW Legal to review the case with their client.

They will have made NO checks thus far and your letter might get the case discontinued.

BUT do not miss your defence deadline either.

Half_way

After a little bit of digging......
Paington crossways shopping centre, is that the place? the trip advisor reviews appear to tally


It would appear that the shopping centre and its associated car park is a a little run down, this news article contains a few clues:
https://www.devonlive.com/news/last-man-standing-crossways-speaks-2076888

The shopping centre is currently managed on behalf of the owner by Michelmore Hughes in Totnes and the units are still available to let through Bettesworths with rents ranging from £4,000 to £15,000 a year.

This takes us here: https://www.stags.co.uk/pages/michelmore-hughes-stags


from there https://www.stags.co.uk/branches/commercial


is this the right place??

Gruffman

Hi - Yes this is the place unfortunately...

KeithP

Gruffman wrote: »

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

With a Claim Issue Date of 3rd July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 5th August 2019 to file your Defence.

That's over four 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 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.

Gruffman

Coupon-mad wrote: »

I don't think so, in your case (but we win 99% of the time anyway, all ordinary non-legal minded posters, almost all winning).

But I think you might be able to head off this case & kill it without a hearing.

You MUST submit a defence anyway and we can help with fine tuning that once you've shown us your basic draft. Pretty sure one of the example defences in the NEWBIES thread post #2 is for a mistyped VRN, so it will be easy for you to copy & adapt that.

Anyway, what I also suggest you do is send a version of this to BW Legal:

Read the WHOLE thread, as the words are NOT just those in post #30 (too weak)!

That letter I helped draft went to Gladstones, but yours is BW Legal. The point is the IPC told its members a year ago NOT to penalise '0' or 'O' keying errors...all you have to do is make it clear you know that fact, and put pressure on BW Legal to review the case with their client.

They will have made NO checks thus far and your letter might get the case discontinued.

BUT do not miss your defence deadline either.

Hi many thanks for this, but the way it is written is very much different to my case and pretty much everything that is stated in that letter does not apply in my case, such as i haven't sent n SAR and had information back where they have advised i did pay for parking etc etc

Sorry if i sound rather thick - REALLY do need some help with this

Gruffman

IN THE COUNTY COURT

CLAIM NO: ********

BETWEEN:

PREMIER PARKING SOLUTIONS (Claimant)

-and-

Gruffman (Defendant)


1. 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. It is an abuse of process from the claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.


Im really stuck what else to write

Do i mention that i have a copy of a ticket which clearly shows i made payment but MAY have mis-entered my registration number. If so how would i write this point. Im really struggling, but trying... :-(

Gruffman

also what element is the Claimant abusing a breach of process:

"Particulars of Claim"

The Claimants Claim is for the sum of £122.82 being monies due from the defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 18/05/2016 at 16:04:03 at Crossways Paignton

The PCN relates to Ford under registration *******

The terms of the PCN allows the defandant 28 days from the issue date to pay the PCN, but the defendant failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability.

The claim also includes a statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of of £0.02 from 18/05/2016 to 02/07/2019 being an amount of £22.82

The claimant also claims £60 contractual costs pursuant to PCN Terms and Conditions.

is it the last part of the particulars that is a breach of process? and does this mean that the whole claim is thrown out as a result?

Quentin

Gruffman wrote: »

Hi many thanks for this, but the way it is written is very much different to my case and pretty much everything that is stated in that letter does not apply in my case, such as i haven't sent n SAR and had information back where they have advised i did pay for parking etc etc

Sorry if i sound rather thick - REALLY do need some help with this

Did you find the FAQ?

In post #2 the advice is to put a SAR in as soon as you know about the claim!

Do get acquainted with that post!

Gruffman

I have submitted the SAR request to PPS but i'm talking about the Defence. i'm completely lost yet spending all of today and this evening reviewing posts. There is nothing that really matches my case except the fact that there is potential a breach of process of the £60.

All I have is proof that the parking was paid and the car left well before expiration, So the company has not lost out of anything), but my registration number was ever so slightly wrong. Maybe I just don't have a case to answer and pay £257 :-( after being told by people on this forum that it wouldn't go to court and not to pay!

I now feel a bit pushed out (yet i do appreciate people have assisted, im not seeing where the information is applicable to my case) - sorry...