BWlegal - county court business centre letter - HELP

Le_Kirk

You need to read some of the 17 pre-written defence examples in the NEWBIE sticky post # 2 and adapt the one most closest to your circumstances. Then search the forum for abuse of process and add that into your point about the maximum sum.

physiodoc3

]Letter from the court

I followed the forums that say return the acknowledgement letter and defence but dont write anything in the defence section and leave it blank. I did that and the court returned me the form sayingI didnt fill in the defence section. I have very limited time now to fill in the defence . probably a two days or so.

Redx

The AOS should have been done online , following the instructions in the newbies faq sticky thread post 2 , not posting the form off , nobody told you to send a blank defence form off either , your research is flawed and totally incorrect

The post by KeithP above told you exactly what to do , including doing the AOS to get more time , so go online and check it's been done and report back that the AOS has been received

If it is , you have more time to do your defence , once the draft is done post it below , by saving it in notepad , then copying from notepad ( not from word ) , including the numbering etc

You haven't corrected your draft above so nobody can see what needs to be done , so do all what I have said , then post it below

The 23rd September is your deadline , if you follow these instructions

ParkigLegend

Hi Coupon-Mad,
Hope you are well.
I have recently joined this online forum, and am currently dealing with BW Legal. Is it possible if you could message me privately please-as you have a deeper understanding in this field than I do, I would appreciate it very much.


Thanks

KeithP

physiodoc3, do the AoS now - online, as described in post #5 above.

You must do that before 4pm tomorrow - Monday 9th September.

Then, as Redx says, you have until 23rd September to file your Defence.

How to file your Defence is also described in post #5 above.

Coupon-mad

Sorry I don't take pm's except from a handful of regulars and also some locals with Worthing or Brighton area court cases.

The forum has lots of expertise, so no need for pm's and I am simply not here to see pm's every day anyway so it would be risky to rely on just one poster individually.

physiodoc3

Hi,


1) Yes I think I had ran out of time. I should have emailed the AOS response rather than send it by post. I overlooked that bit.
2) the court sent me the form back with the stamp on it saying received 4th September.
3) I received the initial letter on the 19th Sept which gave me 14 days to respond with the AOS and that was the 4th Sept.
4) I'm assuming they received the letter on time which is why they have sent it back asking me to fill in the defense as soon as possible saying I have limited time.
5) I have filed the defense on the 4th that evening making sure it was sent to the right email address and I have had an acknowledgement email saying email received.


the defense that I sent on email was this:





1) The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. 2) The Particulars of Claim do not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.




3) The claimant failed to provide all the information that I requested in my previous letter dated */*/2018 to the claimant. They have been patronising me and harassing me. This has become unwarranted harassment and the claimant has caused significant distress to me and my family.


4) The claimant failed to fully provide, what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated


5) The claimant mentioned the claim was for parking longer than the time paid for yet they failed to provide me with the following information: how much was paid? For how long? Was there an over payment made to cover the time period that went over ? how long did the vehicle overstayed for? All this was requested in my letter to them on the */*/2018.


6) Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.


7) Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. 8) The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £80.84, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.


9) The Claimant has no standing to bring a case. 10) Neither the claim form, nor the signage state who the owner of the land is. 11) The signage states that "National Car Parks Limited manage and control this car park". National Car Parks Limited are therefore acting as an agent of the landowner. As an agent, the


Claimant has no legal right to bring such a claim in their name. Any claim should be in the name of the landowner. 12) If National Car Parks limited deny acting as an agent, they are put to strict proof by disclosing the appropriate parts of their contract with the landowner. 13) Legal services cannot be claimed in the small claims court as per CPR 27.14 14) The claim includes a sum of £50, described as "Legal representative's costs". This work is done as part of the Claimant's everyday routine and no "expert services" are involved. The Claimant is put to strict proof, by way of timesheets or otherwise, to show how this cost has been incurred. 15) The Unfair terms in the Consumer contact regulations 1999 applies. 16) The claim is in breach of Regulations 8 (1) of the regulation and article 6 (1) of the Unfair Terms directive (in providing that an unfair term is not to be binding on the consumer).


17) I also suffer from a chronic pain condition and the stress and anxiety caused by all this is making my symptoms worse. I have seen two consultant specialists regarding my pain on the 15th of August 2018 (Mr. Marcus Green [FONT=Cambria,Cambria][FONT=Cambria,Cambria]– [/FONT][/FONT]Priory hospital Birmingham) and another on the 18th of August 2018 (Mr. G. Solanki [FONT=Cambria,Cambria][FONT=Cambria,Cambria]– [/FONT][/FONT]priory hospital Birmingham) both privately. I have continued to this date, to see an osteopath for back pain bought on by stress caused by the claimant. My GP has all the evidence if needed.


19) In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

KeithP

physiodoc3 wrote: »

Hi,


1) Yes I think I had ran out of time. I should have emailed the AOS response rather than send it by post. I overlooked that bit.
2) the court sent me the form back with the stamp on it saying received 4th September.
3) I received the initial letter on the 19th Sept which gave me 14 days to respond with the AOS and that was the 4th Sept.
4) I'm assuming they received the letter on time which is why they have sent it back asking me to fill in the defense as soon as possible saying I have limited time.
5) I have filed the defense on the 4th that evening making sure it was sent to the right email address and I have had an acknowledgement email saying email received.

You are mistaken with your Defence filing target date.

Why didn't you read what I wrote last night?
I repeat:

KeithP wrote: »

do the AoS now - online, as described in post #5 above.

You must do that before 4pm tomorrow - Monday 9th September.

Then, as Redx says, you have until 23rd September to file your Defence.

How to file your Defence is also described in post #5 above.

But I gave you those dates last Tuesday - in post #5 above. There really is no excuse for your misunderstandings.

physiodoc3

Notice of proposed allocation to the small claims track

So the latest update to this case. I have now received a letter from the county court business centre asking me to fill in a form for small claims track - basically asking me to go for a mediation service which is free. I'm assuming I have no choice but to agree and fill in the form..I will still deny to pay the fine..any advice would be great.

Thanks

KeithP

physiodoc3 wrote: »

Notice of proposed allocation to the small claims track

...any advice would be great.

Sorry to be saying this, but you already know, or should know, exactly what to do next.

Item 8 in the list in post #5 above stated:

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.