BW Legal LBC - Not Registered Keeper

beamerguy

Thrifter01 wrote: »

So I wrote to BW Legal and requested an SAR but I have received a letter from the court anyway. I assume this means I now start to put together my defence?

So they did not reply to the SAR ??? That will be interesting to a judge ..... BWLegal are known to the courts for their rubbish

Yes, prepare your case and don't forget to include the ABUSE OF PROCESS by BWLegal

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

Coupon-mad

Why did you ask for a SAR from the solicitor? Can't see the point.

KeithP

Thrifter01 wrote: »

I have received a letter from the court anyway. I assume this means I now start to put together my defence?

Difficult to answer that as you have given us no clues whatsoever about what this 'letter from the court' might contain.

Despite that, I am going to make a guess...

Have you received a County Court Claim Form?

If so, please tell us the Issue Date on that form, and did it come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad

I thought you were going to name the driver before proceedings began? Too late now, so is the named Defendant the driver or the keeper? They have to attend the hearing.

Thrifter01

I requested the SAR from Premier Park, they are still yet to respond to it as they requested a copy of my ID which I have now provided so hopefully they will respond soon. With regards to naming the driver, in the SAR to Premier I also reminded them that I was not the driver at the time of the incident, I forwarded them a copy of the email that the driver sent - this email address has his name so they now have name and a valid email address, in addition the email actually contains a receipt for the payment made to cover the vehicle. It was a pay-by-app car park and the LBC referred to the fact that no ticket was on display - presumably this is my first line of defence as most mobile phones don't come equipped with a printer attached!?

The letter from the court is from the address in Northampton and refers to the PCN and the 28 day limit in which I didn't respond (pretty sure I did but again only on the phone unfortunately). The details of the letter request payment of £135 for the PCN (of which £35 is interest), £60 contractual costs, £25 court fe, and £50 legal representatives fee. The issue date is 6th September 2019 (Friday just gone) and the rest of the paperwork is effectively asking me to either pay or defend the claim and provide details on income etc.

The driver at the time is willing to speak to both the court and BW Legal/Premier Park and admit that it was him who was driving at the time (albeit he is still not going to accept any fault as the point still stands that the parking had been paid for), will this make any difference at this point?

KeithP

Thrifter01 wrote: »

The letter from the court is from the address in Northampton and refers to the PCN and the 28 day limit in which I didn't respond (pretty sure I did but again only on the phone unfortunately). The details of the letter request payment of £135 for the PCN (of which £35 is interest), £60 contractual costs, £25 court fe, and £50 legal representatives fee. The issue date is 6th September 2019 (Friday just gone) and the rest of the paperwork is effectively asking me to either pay or defend the claim and provide details on income etc.

Well done Thrifter.

You have managed to describe a County Court Claim Form without actually using the biggest letters across the top of the form.


With a Claim Issue Date of 6th September, you have until Wednesday 25th September to do the Acknowledgement of Service. If possible, do not do the AoS before 11th September, but otherwise 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 9th October 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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.

Fruitcake

Them waiting for you to supply ID does not reset the clock. The scammers have 30 days from your original request date even if you don't supply your proof of ID until later.
Of course, supplying it on day 29 would be unreasonable, but conversely they should request ID straight away if they need it and you should supply it straight away.

The ICO have said it is unreasonable for them to request photo' ID.

Thrifter01

Thanks for all the help so far, I will start working on the process and defence but am I correct in assuming that this means I am now almost definitely going to court? If so, I assume I will need to call on the driver as a witness as they have completely ignore the fact that I have provided his details? Also, can I play them at their own game and counterclaim for the days holiday I am going to have to take off plus the other costs on defending myself (time, petrol etc)?

KeithP

Costs are entirely different to a counterclaim.

You need to be reading post #2 of the NEWBIES thread and all the links from it to discover all the details of the journey you are just beginning. There's a link to that thread in my earlier post - twice in fact.

Coupon-mad

If you have given the NAME AND ADDRESS of the driver, and still they are after you, send them a LBC for £500 telling them you will be counterclaiming, should they pursue the matter to court when you have already named the driver and provided their address for service. Thus you have transferred liability which - because this was done before court proceedings have begun - has passed to the driver alone.