CC Claim - BW legal

Hireman

hi guys, this is my 1st post after over 5 years ! ive just completed an AOS for a small claim for a family member and need some help creating a defense - ive read through the newbies section and they have done me proud in the past but this one has gone to this final stage whereas others have fallen along the way :-)

Thanks for all your previous wisdom , can i know lean on you to get me through this phase - Im a little nervous regarding what to use as a defence.. please let me know what you need so that I can help you to help me - TIA

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Who is the Claimant?

Egbert_Nobacon

Was this a windscreen or ANPR PCN ?

Date of alleged transgression and issue date of NTK please.

The_Deep

Nine times out of ten these tickets are scams so 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.

Hireman

County Court - Northampton

thanks

Hireman

windscreen
16/1/2019
failure to clearly display a valid permit on private land :-(

Hireman

For Info : my issue date of the Court papers is the 17th July

Quentin

Now you have a claim you need to study post #2 in the newbies FAQ thread

That is a long read, but does cover advice on every aspect of this right through to the hearing with advice on what and when to submit forms etc with walkthroughs for each stage

Use it throughout this process

beamerguy

Have BWLegal added a fake add-on of £60 ????

If so read this

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

READ POST #14 ON THIS THREAD BY COUPON-MAD.
Add the full text from coupon-mad

KeithP

Hireman wrote: »

County Court - Northampton

thanks

Hireman wrote: »

For Info : my issue date of the Court papers is the 17th July

With a Claim Issue Date of 17th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Monday 19th August 2019 to file your Defence.

That's over two weeks away. Loads of time to produce a good 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.

Hireman

Ive extracted a few paragraphs which I feel relevant but still need something for :

inadequate signage - not illuminated and also the sign says if in doubt about permit to contact the operator (office hours) but PCN was issued in the evening outside of the office hours ?



In addition to the 'parking charge', the Claimant has artificially inflated the value of the Claim by adding costs of £60 which has not actually been incurred by the Claimant, and which are artificially invented figures in an attempt to circumvent the Small Claims costs rules using double recovery, This additional charge is not recoverable under the protection of freedoms act 2012 schedule 4 nor with reference to the judgement in parking eye v Beavis. Its an abuse of process to knowingly inflate a claim for an additional sum which it is not entitled to recover (!Claim number is F0DP201T District Judge Taylor).

. The court claim does not specify what supposed contravention has been breached, although communication from the claimant to the defendant has stated “failure to display a valid parking permit/ticket”.


The claimant’s communications with the defendant prior to the court claim have stated “the terms and conditions to which the driver agrees to be contractually bound” as the claimant has not identified the driver he cannot assume the keeper/driver are one and the same at the time of the supposed contravention. Reference POFA 2012

can someone clarify if the above is relevant and maybe add to my claim - thanks