BWLegal - Claim Form for paid ticket

MiniMax

Hello everyone,
At the beginning I would like to apologize if you ever have simmilar situation, but I`ve tried to do my best to read newbie FAQ and simmilar cases, maybe I missed it.

Driver`s situation looks like:

In June 2018 driver has parked on one of NCP car parks in my city. Driver took a ticket and once he/she came back then used their terminal to pay for a ticket - it showed 2,5£ on the screen so he/she paid it using debit card. When driver was comming back to a car, some elderly man asked can he/she help him with this terminal so he/she has done it (couldn`t take more than 5 mins). Straight after that driver came back to a car and left a car park.
Few months later I have received one of those standard thread letters from debt collectors and after I start reading about it and I just ignored it like people recommended.
Then finally I have received Claim Form from County Court Business Centre In Northampton saying I owe them around 250£.

Particulars of Claim:
The Claimant`s Claim is for the sum of 175,92 being monies due from the Defendand to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention which occured on **/06/2018 in the private car park/land located at ************ in relation to a vehicle, ******** registration mark *******. The defendant was allowed 28 days from the PCN Date to pay the PCN, but failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0,04 from **/06/2018 to **/07/2019 being amount of £**.**. The Claimant`s claim includes 60,00£ costs as set out in the Terms and Conditions.

I have started doing everything like has been said in newbie FAQ, so till that time I have:
- registered MCOL,
- done my Acknowledgement of Service
- sent SAR to NCP Limited

I know it`s a time to prepare my defence, but I`m struggling with it because a lot of examples I`ve seen is based on arrgument that they can`t prove who was a driver, wether I think driver advantage is a fact he/she paid and he/she can prove it as that transaction is still visible on the account. Do you think it`s a right way?
I tried to find simmilar examples but because I`m from another country and English isn`t my first language it is extremely difficult. Is there any good person who can help me prepare proper defence?
Thanks in advance

beamerguy

The Claimant`s Claim is for the sum of ***** being monies due from the Defendand to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention

What is the sum please ??

The Claimant`s claim includes 60,00£ costs as set out in the Terms and Conditions. ?????

It is amazing that BWLegal are still faking claims when courts have told them the £60 is ABUSE OF PROCESS.
Courts have kicked out BWLegal for this

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

MiniMax

The Claimant`s Claim is for the sum of 175.92 being monies due from the Defendand to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention

KeithP

What is the Issue Date on your Claim Form?

Quentin

Throughout here 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 in Court

beamerguy

MiniMax wrote: »

The Claimant`s Claim is for the sum of 175.92 being monies due from the Defendand to the Claimant in respect of a Parking Charge Notice (PCN) for a parking contravention

Rubbish ... £175.92 ???? it's the BWLegal fake scam again

As this is abuse of process and will now feature in your defence

Here is the thread again. You read coupon-mad's post #14 and add it without changes

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

MiniMax

@KeithP issue date is 10th of July

KeithP

MiniMax wrote: »

Issue date is 10th of July

With a Claim Issue Date of 10th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 12th August 2019 to file your Defence.

That's nearly 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.

MiniMax

Hello Guys,
as @beamerguy advised, I based on coupon-mad`s post and I created my defence. I am afraid little bit of hearing in court, because my English isn`t fluent and there will be a chance that I would not understand Judge in 100%. Anyway, it`s mostly copy-paste defence, do you think I can send it as it looks like now, or should I extend/simplify it? I know longer doesn`t mean better, but I don`t know should I add any other information.
Thanks in advance, you`re doing great job guys. I appreciate that.


Link to my defence:
ufile.io/5zoiscp4 (with https:// at the beginning)

Coupon-mad

Firstly, BW Legal is NOT the Claimant. They are just the bottom feeder Solicitors.

You need to change the heading to the parking firm named in full as the Claimant, on your claim form.

Debt card

Should be debit card.

Add some words (below) about the signs and when the contract started, to #4, like this, because it sounds like NCP have added the arrival time to the end grace period and are pretending you overstayed:

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

4.1. The most onerous 'penalty' terms on the Claimant's signage are also displayed in a font which is too small to be read and anyone attempting to read the tiny font would be unable to do so easily. Further, the parking charge 'penalty' sum itself is not listed in the tariffs and charges displayed at the point of sale (the machine) and cannot have formed part of any agreed contract.

4.2. In a recent (02/05/2019) Court of Appeal decision in the case between this same company, NCP (Appellant) and HMRC (Respondent) it was made clear that the offer and acceptance of a parking contract can only take place once the payer has inserted payment into NCP's machine and pressed the green button to obtain a ticket. The Defendant believes that NCP have started their clock prematurely, at the time the car was captured by ANPR at the entrance. This is exposed by the recent Court of Appeal decision as wholly incorrect in a Pay & Display car park, where the facts about the start of the contract and the existence of a quantifiable tariff transaction, are entirely different from the facts in ParkingEye Ltd v Beavis [2015] UKSC 67, which is fully distinguished.

4.3. In this instant case, the system and instructions regarding 'pay on exit' were somewhat confusing to a person for whom English is not their first language like the Defendant, but having read the signage (which was silent about a penalty bolt-on term and also silent about how quickly a paying person must then rush to exit) the correct payment displayed and calculated by the Claimant's machine (£2.50) was made by debit card. The driver was then asked by an elderly man in the queue for assistance with this terminal payment, which took about 5 minutes, and straight after that, the Defendant walked to the car and left the car park. Any allegation of 'overstay' is denied.

Change #5 to this instead (remove your version of #5 and replace it):

5. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation. The Defendant has the reasonable belief that the Claimant does not have the authority to issue charges on this land in their own name, and that they have no right to bring any action regarding this claim.

Then you are good to sign and date the printed defence, scan it and attach it to an email, and send it to the CCBCAQ email address mentioned in KeithP's instructions in post #8 above.

MiniMax

Hello Guys,
I have sent my defence via email. I have received confirmation from HM Courts & Tribunals Service (30/07/2019) saying they have got my defence. According to their letter claimant have 28 days to contact court. Since this confirmation I haven`t received anything else. Should be patient and just wait or I missed any step?
Thanks