Urgent help required!

JP03

Hi all, new to posting but read through all the newbie stickers. My hubby had a pcn through from Britannia and subsequently chased up by BW legal. They then brought an LBC to the door and then followed up with small claims track court claim. Fought this all the way and never said who was driving and put in the defence (much of which was adopted through one of bargepole's defence posts) and adapted for this situation. BW legal have now written back saying they will defend as the defence I set out was "nonsensical and entirely irrelevant".
Happy to post a picture of their letter!
They said I can pay £180 by 4pm today and the claim will go away. Hubby is registered keeper and doesn't want to go to court. Can I do it on his behalf or should i just pay up?
Thanks

Big_Boi

That is a typical response in the hope it'll knock your confidence and encourage you to pay. Let the Judge decided if it's nonsensical and entirely irrelevant.

The defendant must always attend court, but you can go along with him. Search for "Lay Representative" on this forum for more information.

The_Deep

. BW legal have now written back saying they will defend (sic) as the defence I set out was "nonsensical and entirely irrelevant".

Was it? If not complain to their regulatory body, this is most unsolicitory behaviour.

http://www.sra.org.uk/home/home.page

Also, as nine times out of ten these tickets are scams, complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

JP03

Thanks for the responses.
This was their response to the defence:
The Breach

On the Contravention Date, you breached the terms and conditions which resulted in you receiving a PCN

The enclosed photographs taken by the Automatic Number Plate Recognition (ANPR) cameras
shows your Vehicle entering the Car Park at 20:03:58 and exiting at 23.01.32 Our Client has
reconciled the images taken from the ANPR cameras and the vehicle registration numbers of
vehicles that entered and exited the Car Park on the contravention Date, and then compared it
against the data extracted from the Car Park transaction logs to determine whether or not a ticket
matching the registration number of the Vehicle was purchased The log shows that you breached the
terms and conditions as you failed to make a valid payment

As a result of the breach Our Client is well within their contractual rights to issue the PCN and take all
necessary steps (including bringing legal proceedings) to recover the outstanding charge

Response to your Defence

In respect of the contents of your Defence, it is apparent that a large amount of the information
contained therein has simply been 'copied and pasted from an external source, we see on a regular
basis. Large portions of your Defence are nonsensical and, in consideration of the circumstances of
this individual matter are entirely irrelevant

Irrespective of the large volume of nonsensical content within your Defence, given that the same is
endorsed by a statement of truth, coupled with the fact that the content is evidently copied, your
Defence cannot possibly be deemed within the scope of your own knowledge.

Notwithstanding the procedural issues set out above, you have tendered no evidence in support of
your position. Therefore, in the absence of any evidence in support of your allegations, our client's
position remains unchanged to that which has previously been set out to you

The evidence held in our client's favour supports the logical conclusion that you failed to make a valid
payment Therefore, your breach of the terms of the contractual licence affording you permission to
occupy the land in question is unequivocal.

In consideration of the above, it is our client's position that your Defence is no more than a copy and
paste' exercise to obscure legitimate proceedings for recovery of sums which are contractually owing

What to do next

Our Client is willing to resolve matters with you on an amicable basis, however, this is contingent on
you making immediate arrangements to repay the outstanding balance due within 14 days

We can confirm your options for repayment are as follows

Payment in full as a lump sum

Tomlin Order - If you cannot afford to pay the outstanding balance within 14 days don't
worry, Our Client may be willing to accept repayments of the outstanding balance at an
affordable rate each month by agreeing a Tomlin Order

Mediation agreement - If you have not yet filed your directions questionnaire with the Court
you can select the option on the directions questionnaire for the matter to be referred to the
Small Claims Mediation Service (SCSM), which is free. If you contact the SCMS to arrange
an appointment we can agree a mediation agreement (without having to incur any additional
costs) and Our Client would be agreeable to repayment of the full outstanding balance to be
paid by affordable instalments

It is important that you call us before the 14 day period expires to discuss the options available to you

If you have not taken any of the action above before the deadline expires, we are instructed to
continue with the legal recoveries process to recover the outstanding balance

Big_Boi

The whole process is a copy and paste exercise.

They've attempted to intimidate you. A complaint to the SRA is a must. An absolutely disgusting response.

If they were so convinced that your defence was worthless, why would they be willing to resolve the matter on an "amicable basis"?

BW Legal are scared by these defences because they know they are crushed by them in court as it exposes their malpractices. A truly horrid and pathetic company. Anyone that works for them is scum in my eyes.