CC Claim Premier Park Ltd & bwLegal

Tebs18

Hi all

I believe I've done my research and read Newbie info and other posts but apologies in advance if I've missed something. I also realise I've left it to the 11th hour for guidance but illness and holidays have impacted.

I received a PCN 13/02/18 to an old address where a car registered in my name was still registered. The PCN related to parking in a homebase/Pets at home car park 05/02/18.

The car in question broke downwhilst in the car park. The RAC had to be called and could not restart the car after significant attempt. They then towed the car to my address at that time. The picture they sent in the PCN shows the RAC van!

I sent an appeal using the info above, and the guidance template from this forum, and it was rejected, of course. I appealed to POPLA as guided and again, it was rejected. I then heard nothing until bwlegal contacted me at my current address 08/05/19 telling me Premier Park Ltd had appointed them. I ignored all letters until I received a Notice of CC Claim from bwlegal 19/07/19 and the CC Claim from the CCBC Northampton (same date).

I sent an AoS 03/08/19. I believe I have to send my defence by this Wednesday 21/08/19. I have drafted, but not yet sent, a SAR - do I send this to Premier Park Ltd and bwlegal or just the former.

I have looked at various defence letters on the forum but am struggling to find anything similar. Please can you advise if there is something I can use as a template and anything else I should do.

Thank you in advance

KeithP

You say that you received the Claim on 19th July, but what is the Issue Date on that Claim Form?

The SAR just goes to Premier Park Ltd.

Coupon-mad

The picture they sent in the PCN shows the RAC van!

LOL, I would counterclaim then. Honestly, counterclaim for a few hundred because that will force that photo in front of a Judge and IMHO they will not be impressed with PP. You could well win the counter claim which only costs a small fee (Google it) and you add the court fee to the sum claimed.

Read Henry Hippo's pepipoo thread v UKPC (again, Google it). That's a counter claim case that I recall won, and I helped him set out how distressed he was to seek a counter claim due to data abuse. The facts of your case differ but clearly there was never reasonable cause to get your data from the DVLA.

SAR to PPC to see their evidence photos, but wait - do the defence and counter claim first. You do not want PP withdrawing this claim! You want to dodge a counter claim FIRST to get your foot in the door.

The_Deep

If this was a local authority PCN it would be cancelled. As CM advises, lodge a ccounter claim, their claim has no hope.

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

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.

Tebs18

The CC claim was issued 19th July

KeithP

Tebs18 wrote: »

The CC claim was issued 19th July

You are right with your target date.

With a Claim Issue Date of 19th July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 21st August 2019 to file your Defence.


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 [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Tebs18

So I've read Henry Hippo's claim and would like to counter claim. I have indeed felt significant pressure and stress from this case and have put way too much time into it.
My concern is that I have not had a real chance to read other relevant court cases to be able to build the defence it would appear he did. My case is not about the right to park or not but rather that the driver of the car did everything reasonable to leave the car park within the time allowed. When a car breaks down the first thought is to get the car sorted and back on the road, not the car park time limit.
Any suggestions as to where to look for a similar case and defence letter?

Tebs18

I wish to make a counter claim and I read in Henry Hippo that there is a limit of £95 for loss of earnings attending court. Is this correct? what about time spent preparing? can I claim my standard day rate (I am self employed)

Redx

Tebs18 wrote: »

I wish to make a counter claim and I read in Henry Hippo that there is a limit of £95 for loss of earnings attending court. Is this correct? what about time spent preparing? can I claim my standard day rate (I am self employed)

those details are NOT a counter claim

those details are the figures for claiming your costs in a costs schedule , nothing to do with any counter claim

in a counter claim , you allege that the claimant has done something , set a figure on it and pay the appropriate fee , such as distress and harassment , or DPA issues , with proof, because you have to pay for your own claim and prove it, plus you may claim the costs of the counter claim. claiming for stress and harassment etc is a high bar to jump over, hearsay wont wash, you need medical evidence

there is a big difference between a costs schedule and a paid for counter claim , but as its small claims court , costs are limited anyway

I suggest that you actually decidee what you mean before elaborating

KeithP

Tebs18 wrote: »

Any suggestions as to where to look for a similar case and defence letter?

Yes... there are seventeen examples of winning Defences linked from post #2 of the NEWBIES thread.

There is a link to the NEWBIES thread in my earlier post.

Keep in mind...

...you have until 4pm on Wednesday 21st August 2019 to file your Defence.

That's tomorrow.

Post your draft here for critique if you wish, but you have left it really late for any of the few regulars willing to objectively comment on a Defence to do so.

Do not miss your filing target.