Sending SAR (UKPPO) + claim on hold to BW Legal

dy123

Thank you for the help.

So as I've received the SAR, is it just the case of me waiting to further receive letters from BW legal in relation to further action?

Redx

Correct, but you are actually waiting for the N1 claim pack from the CCBC in Northampton to arrive

dy123

Have received Claim forms.

Particulars of claim are:
...
Allowed 28 days to pay PCN but failed...
failed to settle their outstanding liability...
Section 69 of County Courts Act 1984 ...
and £60 contactual costs to pursue pcn

I have 14 days to respond and I am very lost.

I received the SAR and have now been sent this.

What do I do and how must I move forward?

I received the PCN for overstaying in the car park by 16 odd minutes in early hours of the morning when it was empty.

Can I go and represent the RK?

Thanks in advance for any help/advice.

KeithP

What is the Issue Date on the Claim Form?

The Defendant must attend any hearing, but can be supported by a 'lay representative'.

Umkomaas

Can I go and represent the RK?

As a Lay Representative or a McKenzie Friend. Check their respective roles via Google.

The main point to make is that the Defendant must be present in court.

Redx

Not clear who received the forms , if it's in the name of the RK its nothing to do with you , but you can assist the defendant as Umkomaas said

If it's you who is the defendant , and if you are not the RK , then you are the defendant in the case , the forms would be in your name , you must attend the hearing if it's not done on papers

You keep saying the word I , I received the SAR etc

No you did not. , Unless the claim form has your name on it , in which case , why ask about the keeper ??

Doesn't make sense

beamerguy

dy123 wrote: »

Have received Claim forms.

Particulars of claim are:
...
Allowed 28 days to pay PCN but failed...
failed to settle their outstanding liability...
Section 69 of County Courts Act 1984 ...
and £60 contactual costs to pursue pcn

Such an odd claim, totally no substance

Section 69 of County Courts Act 1984 is of course a small amount of interest allowed, that's only if a judge allows

£60 contactual costs to pursue pcn ....... nobody knows, least of all BWLegal knows where it comes from ?
It is strictly not allowed as per POFA 2012 and that is why judges are saying this is ABUSE OF PROCESS

BWL clearly do not understand the ruling of the Supreme Court
which states ...
198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...'

IE: Contractual costs are included in the ticket price

Thus far BWL has NOT shown the slightest authority for adding a fake £60

Abuse of Process ... District Judge tells BWLegal
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Le_Kirk

dy123 wrote: »

Have received Claim forms.

Particulars of claim are:
...
Allowed 28 days to pay PCN but failed...
failed to settle their outstanding liability...
Section 69 of County Courts Act 1984 ...
and £60 contactual costs to pursue pcn

I received the PCN for overstaying in the car park by 16 odd minutes in early hours of the morning when it was empty.

That is a poor attempt at "PARTICULARS OF CLAIM" (POC) if that is truly all they put and fail CPR 16.2: -

16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim;

That is so concise as to be nonsensical. A claim was reportedly struck out in a thread posted yesterday for "sparse" POC.

Coupon-mad

There is no way that's the POC quoted verbatim. They will be sparse but not that sparse!

dy123

Issue date on claim form is 11 oct 2019.

Sorry for the confusion, RK has received all correspondence and previous correspondence including SAR etc.

I will make RK aware they must be present for the day and attend with them.

The POC was not quoted word for word, minor details have been left out but other than the summary given, there is nothing further listed with substance on the POC.

Should I acknowledge the service for the 28 days in order to prep?

Thank you all for your quick responses, much appreciated.